Saskatchewan’s Court of Appeal has rejected the Crown’s appeal concerning Chelsea Whitby, who was found not guilty of second-degree murder and manslaughter in relation to her son’s death.
Whitby’s 18-month-old son, Emerson, passed away in hospital on June 10, 2020, with his death being linked to blunt-force trauma to the head.
The Crown claimed during the trial that Whitby had committed an unlawful act leading to Emerson’s death; however, much of the case relied on circumstantial evidence and expert opinions. Even though Whitby did not take the stand at trial, she consistently denied causing harm to her son, which included statements made during a lengthy police interrogation lasting seven and a half hours that was shown in court.
Whitby faced charges of second-degree murder, but at trial, the Crown sought a conviction for the lesser charge of manslaughter. Justice Catherine Dawson from Regina Court of King’s Bench acquitted Whitby of both charges in September 2023 after a prolonged trial.
“I cannot say that I am not suspicious that Ms. Whitby may have done something untoward to Emerson on June 10, 2020. However, I must be guided by the law,” Dawson stated in her decision. “I am left in a reasonable doubt … and I am not satisfied that Chelsea Whitby’s guilt is the only reasonable inference to be drawn from the circumstantial evidence as a whole.”
Throughout the trial, some evidence proposed by the Crown was excluded by the judge, which limited what two expert witnesses could discuss regarding when and how Emerson died.
The Crown argued on appeal that this exclusion was an error; however, “there is no dispute that the trial judge correctly articulated the law,” Justice Neal Caldwell wrote in last week’s ruling from the appeal court, joined by Justice Jerome Thall and Justice Jillyne Drennan.
WATCH | Regina mother acquitted of murder, manslaughter in son’s death:
Regina mother acquitted of murder, manslaughter in son’s death
Chelsea Whitby, 27, was initially accused of second-degree murder in connection with her 18-month-old son Emerson’s passing on June 10, 2020.
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Regina mother acquitted of murder, manslaughter in son’s death
Chelsea Whitby, 27, was initially accused of second-degree murder in connection with her 18-month-old son Emerson’s passing on June 10, 2020.Source link
