A Saskatoon man was found not guilty of aggravated assault on a toddler at Saskatoon’s Court of King’s Bench on Monday, leaving the boy’s family feeling confused and outraged.
“I feel like we have been robbed of the truth,” said the boy’s grandmother.
The boy’s name is under the protection of a publication ban by the courts. Global News will also not be releasing the name of his grandmother to protect his identity.
She said her grandson was taken to a Saskatoon hospital on Feb. 12, 2021, where he stayed for almost two months.
The boy was in the care of Cayden Tanner LeGros when he was injured.
“The story was he fell and hit his head on a door,” the toddler’s grandmother said.
She said her grandson suffered retinal hemorrhaging behind both eyes and a brain bleed. She said he was also experiencing seizures and was on life support for several days.
LeGros was charged with aggravated assault.
“A kid doesn’t have retinal hemorrhaging in both eyes on a fall,” the boy’s grandmother said. “Kids fall all the time.”
According to Crown prosecutor Lana Morelli, applications to bring medical experts to the stand to testify were denied by the court.
Statements from the boy’s mother were also deemed inadmissible in trial.
“The Crown is unable to prove the charges against Mr. LeGros. As such, Crown called no further evidence,” Morelli said in an email to Global News.
“The judge rejected the main doctor’s qualifications, so he wasn’t going to let her testify, as well as another doctor, as well as (the boy’s) mom’s statements to RCMP,” said the boy’s grandmother. “Without those three things (the Crown) said she ethically cannot take it to trial.”
According to the Crown, two medical experts were to be brought to the witness stand to testify but were rejected by the court.
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“We had two doctors being qualified. Both are qualified as experts; however, were not allowed to provide opinion on causation,” Morelli said.
The boy’s grandma claimed that one of the doctors had already testified at 11 other court cases involving children.
“Why was she not qualified as an expert at this one? It makes no sense. That is what I am struggling with.”
The defence requested a direct verdict from the judge, which resulted in LeGros being found not guilty.
“At least if we could have taken this to trial and the jury decided that there wasn’t enough evidence then it is what it is, but to not even take it and fight for (my grandson) who is going to have issues for the rest of his life…”
Morelli said the Crown is considering if appealing the case is appropriate at this time.
The boy’s grandmother said the hope is that an appeal will be accepted by the court.
“Justice should be served for (my grandson). He was one and a half years old and couldn’t defend himself, will live with a lifelong battle and Cayden just gets to walk away because nobody else saw it.”
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