A southern Alberta couple convicted in the death of their son Ezekiel last year was back in court on Thursday for an appeal hearing.
David and Collet Stephan were found guilty of failing to provide the necessaries of life for their son, who was suffering from bacterial meningitis, in 2012.
The court heard that David and Collet knew their son was ill but never took him to a physician, opting to treat him for several weeks with natural mixtures like hot peppers, garlic, onions and horseradish.
The boy’s health deteriorated to the point where he had to be flown to the Alberta Children’s Hospital in Calgary where he died a short time later.
The couple was found guilty on April 26, 2016 and David was sentenced to four months in jail.
Collet was sentenced to three months of house arrest.
The Stephans were released early pending the outcome of their appeals and their lawyers claimed that the trial judge erred when he refused to allow a former Chief Medical Examiner to give expert advice and by redacting the doctor’s expert report.
Defence lawyer Karen Molle also argued that there was an unreasonable delay from when the Stephans were charged to when they were sentenced.
The Crown said that the couple was given a fair trial and that the jury came to the correct conclusion.
The Appeal Court has reserved its decision and the Crown says it will appeal the sentence once the conviction appeal is dealt with.
(With files from the Canadian Press)
