The BC Prosecution Service announced last year that it was appointing lawyer Marilyn Sandford as a special prosecutor to review the case, following media inquiries about disclosure issues linked to a pathologist involved in the matter. (Black Press Media files)

The BC Prosecution Service announced last year that it was appointing lawyer Marilyn Sandford as a special prosecutor to review the case, following media inquiries about disclosure issues linked to a pathologist involved in the matter. (Black Press Media files)

Possible miscarriage of justice in Cranbrook woman’s conviction in toddler drowning: prosecutor

Tammy Bouvette was originally charged with second-degree murder but pleaded guilty in 2013 to the lesser charge

A special prosecutor says there may have been a miscarriage of justice when a babysitter was convicted of criminal negligence causing death in the drowning of a toddler in Cranbrook.

Tammy Bouvette was originally charged with second-degree murder but pleaded guilty in 2013 to the lesser charge in the death of 19-month-old Iyanna Teeple, who was found unconscious and not breathing in a bathtub while under her care.

The BC Prosecution Service announced last year that it was appointing lawyer Marilyn Sandford as a special prosecutor to review the case, following media inquiries about disclosure issues linked to a pathologist involved in the matter.

The service says in a statement Thursday that Sandford has completed her review and provided a written report, in which she says there is a strong case to be made that Bouvette did not receive disclosure of significant and relevant materials.

The statement says Sandford concluded that as a result of that non-disclosure, Bouvette’s charter rights may have been breached and her conviction may represent a miscarriage of justice.

It says Sandford found a review by the B.C. Court of Appeal is desirable in order to determine whether a miscarriage of justice occurred, and she directed the prosecution service to provide Bouvette with copies of all materials collected in her investigation.

The prosecution service says the Crown will not oppose Bouvette if she applies to the Appeal Court for a time extension to file an appeal of her conviction, nor if she applies to file fresh evidence based on any materials not previously disclosed to her.

It says Sandford will continue as special prosecutor on the matter and has already taken steps to begin implementing her conclusions and recommendations.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The East Kootenay Network of People Who Use Drugs is organizing a march to city hall on Wednesday, April 14, 2021, starting at 11 a.m. from the ANKORS office. (Corey Bullock/Cranbrook Townsman file)
Advocates to march for overdose awareness, calls for action

B.C. declared the overdose crisis a public health emergency five years ago

Deer will often eat fruit that has fallen from fruit trees. The City’s bylaw states that residents must keep their yards free from fallen fruit. (Corey Bullock/Cranbrook Townsman file)
Time to manage wildlife attractants, says City of Cranbrook

City reminds residents to keep yards free of fruit, pet food, food waste

Zeth Kindrachuk is pictured in action against the Trail Smoke Eaters in the Penticton pod, Saturday, April 10. Jack Murray photo
Bucks drop two to pod rivals

Cranbrook getting to know Penticton Vees, Trail Smoke Eaters, very well indeed.

TC Energy donated $2,000 to Cranbrook Fire and Emergency Services to be used towards the purchase of footwear for wildland firefighting situations. Photo courtesy City of Cranbrook.
TC Energy donates $2,000 towards specialized fire department gear

Cranbrook Fire and Emergency Services is the recipient of a $2,000 grant… Continue reading

The KEYSA  Mr. Mike's Junior Players of the Week were Molly Cain and Avery Swain (pictured with Coach Rob Niedermayer).
KEYSA Players of the Week and team standings

League finals set for next week

Conservative leader Erin O’Toole holds a press conference on Parliament Hill in Ottawa on Tuesday, April 6, 2020. Top Tory leaders of past and present will speak with supporters today about what a conservative economic recovery from COVID-19 could look like. THE CANADIAN PRESS/Sean Kilpatrick
O’Toole to vote against Conservative MP’s private bill on ‘sex-selective abortion’

Erin O’Toole said he supports a woman’s right to choose and will personally vote against the private member’s bill

The National Security and Intelligence Committee of Parliamentarians says that includes attempts to steal Canadian research on COVID-19 and vaccines, and sow misinformation. (AP Photo/Esteban Felix)
Intelligence committee warns China, Russia targeting Canadian COVID-19 research

Committee also found that the terrorist threat to Canada has shifted since its last such assessment

Part of the massive mess left behind in a Spallumcheen rental home owned by Wes Burden, whose tenants bolted from the property in the middle of the night. Burden is now facing a hefty cleaning and repair bill as a result. (Photo submitted)
Tenants disappear in the night leaving Okanagan home trashed with junk, feces

Spallumcheen rental rooms filled with junk, human and animal feces; landlord scared to rent again

Parliament Hill is viewed below a Canada flag in Gatineau, Quebec, Friday, Sept. 18, 2020. A new poll suggests most Canadians are feeling more grateful for what they have in 2020 as a result of COVID-19 pandemic.THE CANADIAN PRESS/Sean Kilpatrick
Canada’s greenhouse gas emissions increased slightly in 2019: report

2019 report shows Canada emitted about one million tonnes more of these gases than the previous year

Dr. E. Kwok administers a COVID-19 vaccine to a recipient at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to register people ages 40+ for COVID-19 vaccines in April

Appointments are currently being booked for people ages 66 and up

Interior Health improves access to mental health supports amid COVID-19 pandemic. (Stock)
Interior Health connects people to mental health resources amid COVID

310-MHSU line receives positive feedback in early months of rollout

A volunteer disinfects a historical Mohabat Khan mosque ahead of the upcoming Muslim fasting month of Ramadan, in Peshawar, Pakistan, Friday, April 9, 2021. (AP Photo/Muhammad Sajjad)
For Canadian Muslims, second pandemic Ramadan is a time of hope and sadness

Many members of the association are trying to find ways ‘to help people stay connected to one another’

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Most Read