Bernard Doyle was found guilty in 1997 specifically on the testimony of former pathologist Charles Smith.
dr Smith lost all credibility after child autopsies were performed, the results of which led to the conviction of those later exonerated. A commission investigated his mistakes and the College of Physicians and Surgeons revoked his license to practice medicine.
Mr Doyle claimed he was dancing vigorously and holding little Tyler Cunningham in his arms when he stumbled and fell and the child was injured by construction tools lying around.
Charles Smith had instead concluded that the child died of a combination of whipping and shaking baby syndrome.
Bernard Doyle’s attorney, James Lockyer, said that three experts reviewed the evidence presented during the trial and concluded that the facts presented by his client made it possible to explain the child’s fatal injuries.
Mr Doyle, who was 23 at the time of the tragedy, has long served nearly four years in prison.
Mr Lockyer said Mr Doyle is now living in Saint John, Newfoundland and Labrador and is relieved to have been released. It was less the serving of a sentence and more the fact that he was seen as having killed a baby that had an impact on his life, the attorney commented.
He hopes that the Saint John Children’s Aid Society will review his client’s case in the light of this acquittal and allow his 11-year-old daughter to live with him.