Saskatchewan’s Court of Appeal has rejected the Crown’s appeal regarding Chelsea Whitby, who was acquitted of second-degree murder and manslaughter in connection with her son’s death.
Whitby’s 18-month-old son, Emerson, passed away in hospital on June 10, 2020, with his death being attributed to blunt-force trauma to the head.
The Crown argued during the trial that Whitby had engaged in an unlawful act leading to Emerson’s death; however, much of the case relied on circumstantial evidence and expert testimony. Even though Whitby didn’t take the stand at trial, she consistently denied harming her son, including during a police interrogation that lasted seven and a half hours and was shown in court.
Initially charged with second-degree murder, the Crown also sought a conviction for manslaughter during the trial. Justice Catherine Dawson from Regina Court of King’s Bench cleared Whitby of both charges in September 2023 after an extensive 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 that the Crown wanted to present was excluded by the judge, which limited opinion testimony from two of its expert witnesses concerning when and how Emerson died.
The Crown contended on appeal that this was a mistake; however, “there is no dispute that the trial judge correctly articulated the law,” Justice Neal Caldwell wrote in last week’s appeal court ruling, supported by Justices Jerome Thall and 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 the death of her 18-month-old son Emerson on June 10, 2020.
Source link
