Police, medical examiner intervene in battle over autopsies in dead infants case

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This article was published 30/10/2014 (3463 days ago), so information in it may no longer be current.

Legal arguments are underway in a Winnipeg courtroom over the ongoing autopsies into six infants found dead inside a city storage locker.

Lawyers representing the office of the Chief Medical Examiner and the Winnipeg Police Service are seeking to be granted standing so they can voice opposition to the unusual request made by lawyers representing the woman accused of hiding the human remains.

Provincial court Judge Brian Corrin must first rule whether or not these parties do have standing. Once that’s done, arguments on the merits of the application will proceed – likely on another day.

Andrea Giesbrecht, 40, is charged with six counts of concealing the remains of a child and is being held in custody without bail as the investigation continues. Defence lawyer Greg Brodsky is seeking to halt the autopsies until his own hand-picked pathologist can attend on the grounds critical evidence could be manipulated or destroyed.

Lawyer David Gisser said allowing Brodsky’s motion “would damage and certainly impugn upon the office of the Chief Medical Examiner.” He said his client is fully qualified to conduct the autopsies under the Fatality Inquiries Act and suggested Brodsky should look to the provincial government if he doesn’t like it.

“There’s a place across the street with a dome and a golden statue,” he said Friday. He said Brodsky’s application is unprecedented and would have impact on the credibility of the medical examiner’s officer.

Kim Carswell, lawyer for the police service, said Brodsky’s motion could also pose “specific challenges to the conduct of the criminal investigation.” She didn’t outline what those could be at this point.

Brodsky is expected to make his argument on Friday afternoon.

His motion may be somewhat moot, as court has heard approximately 90 per cent of the autopsies have already been completed. None of the forensic findings – such as the identity of the dead babies, the gender, cause of death and whether they were full-term or fetuses – has been released. As well, no homicide charges have been laid and questions about how Giesbrecht allegedly came into possession of the remains and why remain unanswered.

Brodsky has retained the services of Dr. Peter Markesteyn, the former longtime provincial medical examiner, to provide an independent opinion of all medical evidence surrounding the case. Markesteyn met his successor, Dr. Thambirajah Balachandra, last week but was told he wasn’t welcome at the autopsies.

Balachandra told Markesteyn “all results from examination will be independently verifiable… we are following strict policies regarding identification, avoiding cross-contamination, etc.”

Markesteyn expressed a desire to observe the proceedings, saying “competency is not an issue but (my) client wants a different perspective and wishes (him) to be present for the autopsies.” That’s when Balachandra said no, telling his former mentor the only way that could happen was with a court order.

“Having Dr. Markesteyn present may taint the investigation,” said Balachandra.

The remains were found inside a U-Haul storage container on McPhillips Street that had been rented under Giesbrecht’s name. Giesbrecht was initially told she was likely to be charged with murder, but that hasn’t happened to date.

As the Free Press reported last week, the remains were found inside individual containers. They had been placed in a liquid, which authorities are working to identify to determine whether it was meant to aid in preservation or speed up decomposition. Brodsky says he doesn’t believe Giesbrecht is the mother of the infants, but who they belonged to — and how they allegedly came into her possession — is unknown.

Last month, Giesbrecht — who graduated from Red River College’s business administration program — was sentenced to two years of probation for defrauding an elderly neighbour. She has previously worked at St. Amant Centre and DASCH.

Earlier this week, police spent two days searching her Maples-area home. Police have also searched a Flora Avenue residence which belonged to her now-deceased parents.

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