Blatchford in the Globe

Today Christie Blatchford complains the arguments in the Court of Appeal in the Dooley murder are too dry. The arguments remove the emotion from the case and even suggest the trial judge erred in showing sympathy for the deceased child.

In a way she has a point -- the case is about a dead child who suffered mightily in his short life. But that's really beside the point. The Court of Appeal isn't there to provide a cathartic release -- it's there to clarify points of law.

I would be surprised if the appeal is allowed. My sense is the case was, within the boundaries of trial practice, fair. That said, whatever the Court of Appeal decides should be decided as a matter of law and not emotion.
James Morton
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