Colin James Matchim in Newfoundland Supreme Court today. — Photo by Rosie Gillingham/The Telegram
A Newfoundland Supreme Court judge has declared a mistrial in the case of Colin James Matchim after his lawyers won an application to the court to have fresh evidence entered into the case.
Matchim, 27, was convicted of aggravated assault in November 2011 following a 17-day trial, being found guilty at that time of causing his infant daughter brain damage by shaking her.
After the trial, his new lawyers from Bob Simmonds and Partners Firm, made an application to have new medical information presented that wasn't entered into evidence during the trial.
A hearing of the application concluded in June. It saw medical experts from around the world testify, and included complex medical evidence that delved into the widely debated issue of Shaken Baby Syndrome and its validity.
Justice Wayne Dymond decided that the new evidence should be introduced into the case and declared a mistrial.
It is now up to the Crown to decided if they will proceed with a new trial.
That decision will be made when the case is called again during October arraignments.