Brain-injured baby case expected to be settled next week

Rosie Mullaley
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The case a man accused of shaking his infant daughter is expected to be settled next week.

Colin Matchem. — Telelgram file photo

Colin James Matchim wasn’t in Newfoundland Supreme Court in St. John’s Thursday when his case was called. He was represented by Rosellen Sullivan, who was filling in for Matchim’s lawyer, Erin Breen.

Crown prosecutor Frances Knickle told Justice William Goodridge that she’s been in discussions with Breen for the past month and she said they will be able to reach a resolution.

“Resolve the issue of funding?” Goodridge asked.

“We’ll be able to resolve everything,” Knickle replied.

They agreed to have the case called again May 7.

Matchim had been convicted in 2011 of aggravated assault for causing his infant daughter’s brain injury by shaking her in 2009.

However, before sentencing, Matchim’s new lawyers — Breen and Bob Simmonds — applied to have the case reopened and new medical evidence introduced. Following a hearing — which saw experts from around the world offer their opinions on shaken baby syndrome — a mistrial was declared.

The Crown indicated it would proceed with a second trial.

However, the issue then became about defence counsel funding.

Breen and Simmonds said they again want to represent Matchim, but only if they can be paid more than Legal Aid rates. They filed an application requesting that the Attorney General pay their firm — Bob Simmonds + Partners — private-lawyer rates to represent Matchim.

Twitter: @TelyCourt

Organizations: Simmonds + Partners

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