David (left) and Collet (right) Stephan. (Lethbridge News Now)

By David Opinko

Infant

Judge to make ruling on Stephan trial September 19th

Aug 30, 2019 | 6:23 AM

LETHBRIDGE, AB – In three weeks time, David and Collet Stephan will learn their fate.

They are each charged with one count of failing to provide the necessaries of life after their 19-month-old son Ezekiel died in March of 2012.

This is the second trial into the matter.

In the original trial in 2016, a jury found the pair guilty. This trial, however, does not have a jury and will solely be up to Justice Terry Clackson.

Thursday’s court proceedings started with David Stephan, who is self-representing in the case, finish making his closing arguments. This was followed by Jason Demers, one of two defense lawyers representing Collet.

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The afternoon consisted of Crown Prosecutor Britta Kristensen presenting her closing arguments.

She believes that David and Collet Stephan were aware that their child had some form of meningitis, but did not take him to the hospital soon enough to make a difference.

Prior to a two-day period where Ezekiel’s parents say the child was getting better, Collet had phoned Lexie Vataman, the receptionist for Tracey (Pike) Tannis at the Lethbridge Naturopath Medical Clinic for advice on what kind of herbal supplements they could use to help him.

By this point, it had already been made clear to Collet and David by midwife and nurse Terrie Shaw that Ezekiel might have a form of meningitis.

The receptionist recommended a product that would help to boost Ezekiel’s immune system. It was given to the child at the appropriate doses.

There has been a lot of debate in this trial as to whether Ezekiel had bacterial meningitis or viral meningitis, and whether either condition would have been the ultimate cause of death.

Kristensen believes that bacterial meningitis was the cause of death, as coroner Dr. Bamidele Adeagbo reported, but either way, she told court that the parents should have taken their child to the hospital as soon as they found out their child might have had a form of meningitis.

Demers, in his closing arguments, made the case that if Collet and David believed their child was in critical danger, they would have taken their son into medical care sooner.

He claims that Collet in particular did not see her son as being “on his death bed” and packed three nights worth of pyjamas for him because she believed he would be coming home soon enough.

Demers continued that, sometimes, bad things happen to good parents, and that no one had the crystal ball that would let them see into the future.

Like Buckley in his closing remarks, Demers took issue with the way in which the autopsy into Ezekiel’s death was performed. He pointed out that some of the equipment used was not properly sterilized, and that Dr. Adeagbo said it was “clearly obvious” from the start that the child had bacterial meningitis, and therefore, did not conduct a test for viral meningitis.

Now that closing arguments have been made from all sides, the formal trial has now concluded. Justice Clackson will now work on making his verdict.