Parents who failed to take dying boy to doctor in time ask Alberta's top court to overturn convictions

Two Calgary parents whose son died because they refused to take him to a doctor when he was very ill are asking Alberta's top court to overturn their convictions.

Jennifer and Jeromie Clark were found guilty of criminal negligence causing death and failure to provide the necessaries of life for the 2013 death of their 14-month-old son, John. He was malnourished and died from a staph infection less than 24 hours after he was admitted to hospital. 

They were each handed 32-month sentences in June, but both have since been granted parole. 

On Thursday, the panel of judges heard arguments from lawyers for the couple but said the Crown's written submissions were sufficient for them to decide the appeal. The decision was reserved. 

• Calgary couple convicted in son's death from staph infection handed prison sentences

On Nov. 28, 2013, John Clark was brought to hospital with a blistering rash covering most of his body. His toes were black.

The child was in the final stages of fighting an overwhelming infection when he arrived at hospital.

Several medical witnesses for the Crown testified that if the boy had seen doctors earlier, he almost certainly would have survived.

There was evidence the parents looked up natural remedies on the internet for gangrene.  

On Thursday, lawyers for the couple argued there were two issues that should result in the Alberta Court of Appeal overturning the convictions.

Defence lawyers on the appeal — Alias Saunders and Andrea Serink — said the judge made an error in his instructions to the jury before deliberations began.

"There was no evidence of what a reasonably prudent parent ought to have done," said Saunders.

Defence expert treated like 'an idiot'

The second issue raised by defence was the treatment by prosecutors of Dr. Anny Sauvageau, who testified for the Clarks.

Serink argued that the cross-examination of the defence medical expert at trial was "unfair."

Saunders said prosecutor Shane Parker "denigrated" Sauvageau and "treated her like she's an idiot" by cutting her off, cutting her short and asking unfair questions.

Saunders pointed out that Parker told jurors Sauvageau had lost her job as Alberta's chief medical examiner and was no longer qualified to practise in the province.

"The harm is death by a thousand cuts," said Saunders. "Her message was utterly lost in the process.

But the panel, Justices Frans Slatter, Marina Paperny and Barbara Veldhuis, repeatedly challenged defence arguments.

Slatter pointed out that defence lawyers at trial did not object to Parker's questioning of Sauvageau.

"Why is defence counsel just sitting there and, if they felt the witness was cut off, why not re-examine her?" asked Slatter.

A decision will likely be released in the coming weeks or months.