New trial ordered for Calgary man acquitted in assault of 4-year-old girl
A Calgary man acquitted of aggravated assault in connection with injuries a four-year-old girl sustained while in his care will face a new trial after it was determined the original justice made errors.
The Court of Appeal of Alberta determined Tyler Laberge's initial trial included mistakes on the part of the judge in his dismissal of the Crown's expert evidence as speculative.
The victim arrived in hospital after suffering numerous injuries, including a life-threatening head injury, while alone with Laberge.
The girl's mother left the child with Laberge on the afternoon of March 11, 2018 and the girl was watching a movie in her room. Less than two hours after she left, the mother received a call at work telling her to come home. She arrived to find her daughter non-responsive with her pupils dilated.
Laberge informed the mother that he had found the girl submerged in the bathtub after hearing a loud thud in the washroom and that he had pulled her from the water and performed CPR.
The girl arrived in hospital with numerous injuries including brain swelling, facial abrasions, a goose egg on her head, multiple bruises on her chest, legs, belly, groin and back, and genital swelling and bleeding.
In their decision, the trial judge claimed the testimony of the child abuse physician, who had examined the girl in hospital, was presumptive and "based on an assumption without evidentiary foundation."
In the physician's opinion, the child's injuries were not likely the result of a simple fall.
The judge found the physician's testimony failed to account for some of the other injuries on the girl, which had been spotted by both her swimming instructor and her father the day before she had been left with Laberge, as well as bruising injuries that may have been the result of a fall on a set of bleachers after her swimming lesson.
The judge also chastised the physician for claiming there was an "extremely high likelihood" that the girl's injuries had been inflicted, not accidental, and for not considering the possibility a bathtub fall could have caused a life-threatening head wound.
The three appeal judges determined the judge based his acquittal decision on the fact the two experts who testified, including the child abuse physician, could not rule out with 100 per cent certainty that the girl's injuries were accidental.
The date for Laberge's new aggravated assault trial has not been confirmed.
Correction
The original version of story indicated the child died as a result of her life-threatening injuries. Calgary Police Service officials confirm the girl survived.
CTVNews.ca Top Stories
BREAKING Iran fires at apparent Israeli attack drones near Isfahan air base and nuclear site
An apparent Israeli drone attack on Iran saw troops fire air defences at a major air base and a nuclear site early Friday morning near the central city of Isfahan, an assault coming in retaliation for Tehran's unprecedented drone-and-missile assault on the country.
NEW After hearing thousands of last words, this hospital chaplain has advice for the living
Hospital chaplain J.S. Park opens up about death, grief and hearing thousands of last words, and shares his advice for the living.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Ontario woman loses $15,000 to fake Walmart job scam
A woman who recently moved to Canada from India was searching for a job when she got caught in an online job scam and lost $15,000.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Ottawa to force banks to call carbon rebate a carbon rebate in direct deposits
Canadian banks that refuse to identify the carbon rebate by name when doing direct deposits are forcing the government to change the law to make them do it, says Environment Minister Steven Guilbeault.
DEVELOPING Israel targets air defence system in Syria, state news agency says
Israel carried out a missile strike targeting an air defence unit in southern Syria, causing material damage, state-run SANA news agency quoted a military statement as saying Friday.
Some Canadian families will receive up to $620 per child today
More money will land in the pockets of some Canadian families on Friday for the latest Canada Child Benefit installment.