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January 16, 2022 - 8:03 AM
A B.C. babysitter who pleaded guilty after a 17-month-old baby in her care drowned in the bath in 2011 has been given more time to appeal her conviction after the opinion of an expert witness in the case was called into question.
B.C. Court of Appeal Justice Elizabeth Bennett granted Tammy Marion Bouvette an extension to appeal her conviction after it emerged that Crown prosecutors and the RCMP had held back information from Bouvette's defence lawyers which was critical of the doctor whose opinion was used to charge and convict Bouvette with second-degree murder.
The RCMP also held back information that the 17-month old baby had been hospitalized for a post-viral brain infection two months before her death, according to a Jan. 11 B.C. Court of Appeal decision.
The case dates back to 2011 when 19-month-old baby, Iyanna Teeple, was found facedown in a bathtub in Cranbrook.
Bouvette, who was babysitting at the time, was charged with second-degree murder although later pleaded guilty to criminal negligence causing death and was sentenced to 12 months in jail.
According to the decision, Bouvette made her plea deal based on evidence that Dr. Evan Matshes had given the court.
At around the same time, Dr. Matshes’ opinion had become questionable and an extensive peer review was conducted of his cases, including his opinion in relation to the death of Teeple.
The decision says the 43-page peer review was sent to Crown counsel along with a multitude of other paperwork.
However, this peer review critical of Dr. Matshes’ opinion in relation to the baby's death was never disclosed to Bouvette's defence lawyers.
"Ms. Bouvette submitted that she would not have pleaded guilty if she had the proper disclosure, including the peer review of Dr. Matshes’ opinion and the child’s medical records, as the facts could have disclosed accident as opposed to negligence," the decision reads.
According to the decision, the issues with Dr. Matshes came to light in late 2019 and the CBC television show The Fifth Estate broadcast a story about the doctor.
The B.C. Prosecution Service then began an independent investigation.
"The final and overarching factor is whether granting the extension of time is in the interests of justice?" Justice Bennett said in the decision. "In my view, the factors clearly weigh in favour of granting the extension of time to appeal."
— This story was corrected at 1:20 p.m. Thursday, Feb. 16, 2023. While the B.C. Court of Appeal decision said the baby was 17 months old and her name was Temple, iNFOnews.ca has been informed her last name is Teeple and she was 19 months old at the time of her death.
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