By Patrick Burles - @PatrickBurles on Twitter

Defence Delivers Closing Arguments in Stephan Trial

Apr 22, 2016 | 6:45 PM

LETHBRIDGE – Defence lawyer Shawn Buckley made his final appeal to the jury Friday, as he delivered his closing arguments in the trial of David and Collet Stephan.

It follows a trial that first got underway on March 4, and saw a two week break when it became clear much more time would be needed.

The couple faces a charge of failing to provide the necessities of life, in connection with the 2012 death of their 18-month old son Ezekiel.

Buckley started by telling the jury that the Stephans must be considered innocent until proven guilty, and that if they have a single reasonable doubt, they must throw the case out, adding, “David and Collet Stephan are relying on you to be true to your oath.”

From there he explained that the couple could only be found guilty if the jury found their actions were a “marked departure” from that of a reasonably prudent parent, and that it was obvious that their failure to get Ezekiel medical attention sooner would endanger his life. He explained that timing was a crucial part of what they must consider, saying any major warning signs that Ezekiel was in danger would only apply if there had still been time to save his life.

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He also took time to challenge the official cause of death for Ezekiel, which was listed by the medical examiner as bacterial meningitis and a lung infection. Buckley went over testimony from his expert witness, the former chief medical examiner for Alberta, who said she believes Ezekiel had viral meningitis, and that it likely played no part in his death. She also stated that in her opinion, the lung infection would not have proven fatal either. Instead she placed the blame on the ambulance that picked up Ezekiel, as it didn’t have the proper equipment to quickly establish an airway for the child.

Inconsistencies between what the Stephans said at trial and what they told authorities when Ezekiel was in hospital in 2012, was another major focus of Buckley’s argument. He specifically brought up David’s interview with an RCMP officer, in which he said Ezekiel spend most of his time resting, and didn’t bring up the periods of recovery that were a significant part of his testimony. Buckley told the jury, “David is 100-per cent, absolutely wrong,” adding that David had mostly been away on business at the time when Ezekiel was doing better. He continued by saying that when the couple spoke to the authorities, they had been awake for over 39-hours and were exhausted.

Buckley spent a considerable amount of time on the testimony of Terrie Meynders, a registered nurse, midwife and friend of the family. She had taken a look at Ezekiel the day before he stopped breathing, at the request of Collet. She testified that she couldn’t find any obvious signs of sickness, and after seeing a case of meningitis just a couple weeks earlier, she told Collet to take Ezekiel to a doctor to be safe. Buckley stated that if a registered nurse wasn’t alarmed by Ezekiel’s condition, that would suggest there were few warning signs for the parents.

The Stephans willingness to use the medical system was next up. Buckley pointed out that on one occasion in the past, Collet had taken Ezekiel’s older brother Ezra to a doctor, after being directed there by a naturopathic doctor. He went on to focus on the night of March 13, 2012, when Ezekiel stopped breathing. He said when Ezekeil started breathing again after they called 911, they still decided to wake Ezra up, get ready and drive Ezekiel to the hospital, saying they were likely “engaging the system more than the average parent.”

The Crown will begin their closing arguments Saturday morning.