Hearing to reopen shaken-baby case set for fall

Rosie
Rosie Gillingham
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Colin James Matchim, convicted of aggravated assault for shaking his baby daughter and causing serious and permanent injury, is still waiting to be sentenced. However, his defence lawyers have filed an application to reopen the case. — Telegram file photo

It’s been more than a year since Colin James Matchim was found guilty of shaking his infant daughter, causing her brain damage.

He has yet to be sentenced.

That’s because shortly after he was convicted, his lawyers filed an application to reopen the case.

A hearing to present arguments hasn’t been scheduled yet since lawyers were waiting on medical experts to review the evidence.

When the case was called Wednesday in Newfoundland Supreme Court in St. John’s, prosecutor Phil LeFeuvre told the judge he was still waiting on the availability of the Crown’s medical expert.

But the judge made it clear — no more delays.

Justice Wayne Dymond insisted a hearing date be set so the case could move along.

It was agreed to set the hearing for Oct. 1.

Matchim, 26, was found guilty of aggravated assault in May 2011 following a 17-day trial.

The charge was laid following an incident that happened in March 2009, when Matchim was said to have caused his 3 1/2-month-old daughter's brain injuries by shaking her.

Matchim had been in custody for 10 months, but was granted bail March 16 after his lawyers filed an application to have him released. LeFeuvre consented with the stipulation that Matchim adhere to strict conditions.

Matchim, who had to post two $25,000 sureties, must live with his parents in Sandy Cove and stay away from the Avalon Peninsula except to attend court. He was ordered to have no communication, directly or indirectly, with his daughter or his daughter’s mother.

He cannot have access to the Internet, a computer or cellphone, and must adhere to a curfew.

He has to report to RCMP in Glovertown on weekdays and can’t be in the company of anybody under 16 years old unless accompanied by an adult.

The defence’s application to reopen the case is reportedly based on medical evidence from doctors in Ontario, the United States and the United Kingdom, who debate the validity of Shaken Baby Syndrome.

rgillingham@thetelegram.com

Twitter: @TelyCourt

Organizations: RCMP

Geographic location: Sandy Cove, Glovertown, Ontario United States United Kingdom

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  • Joshua Atsatata
    July 25, 2012 - 13:26

    I firmly believe that Colin is innocent of this crime. I don't quite know if anyone else out there is on his side but I SURE AM. Like I said before and I'll say it again, a person IS innocent until proven guilty. At times the judge and crown prosecuters may think different because its their job and may think its in the public's best interest for that person to be incarcerated, but by doing so if the person is innocent, their name is still slandered and dragged through the dirt and that person is seen by the public as a "criminal low life". I've seen many hard working good people, even myself, put down to nothing because I was in jail. Its hard for anyone to understand, how a person grows up, where they grow up, what they went through, all of these factors lead to a person's character and how they react to a situation. Only GOD can judge us. All the best.