In Calgary courts: Contradictory opinions between pathologist results in new trial for convicted Calgary killer

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Differing opinions between two pathologists over the cause of death of a Calgary senior will mean a new trial for his convicted killer.

A three-member Alberta Court of Appeal panel, in a ruling released Monday, said a new judge will have to determine whether Dale Topalinski inflicted the injuries which killed Harry (Frank) Jones.

Topalinski was convicted of manslaughter in November 2021, in connection with the March 15, 2019, death of Jones, 66, who was found dead in a northwest Calgary hotel room the two often homeless men were sharing at the time,

Pathologist Dr. Thanbirajah Balachandra concluded the multiple injuries all over Jones’ body were inflicted, rather than being the result of an accidental fall or falls.

“The autopsy report completed by… Dr. Balachandra enumerated 90 separate external and internal injuries of varying severity,” the appeal judges wrote.

“Due to the number and distribution of these injuries, Dr Balachandra concluded that they were indicative of inflicted injuries rather than of accidental origin due to a fall or falls. He testified that these injuries occurred around or shortly before the time of death,” they said.

“He determined that the cause of death was the combined effect of the inflicted injuries, associated blood loss, and the underlying heart condition of Mr. Jones.”

But defence lawyers Kelsey Sitar and Sarah Rankin obtained a second opinion from Ontario pathologist Dr. Steven White who concluded Jones, who was in extremely poor health and was drinking heavily prior to his death, but had suffered the injuries through a series of falls.

“Dr. White determined that the timing of the injuries could not be determined within the narrow window asserted by Dr. Balachandra, and that the evidence regarding the last days and weeks of Mr. Jones’ life meant that a fall or falls were the likely cause of his multiple injuries,” the appeal judges noted.

Despite White’s opinion, new evidence from Balachandra in reply to his colleague’s findings reached the same conclusion.

“He again concludes that the cause of death was blunt force trauma consistent with inflicted injuries. He also described further forensic testing undertaken to rule out some of Dr. White’s concerns.”

The appeal judges said the defence had met the test for fresh evidence to be adduced and as a result a new trial will have to determine whether the Crown can prove its case beyond a reasonable doubt.

In the interim, Rankin said they will probably seek bail for Topalinski, who was handed a nine-year prison term in January 2022, pending his retrial.

Lawyers for group of Calgary youths charged in killing of city teen awaiting Crown disclosure

The case of four Calgary youth charged with the premeditated murder of a city teen remains on hold while his lawyers await Crown disclosure.

Defence counsel Tonii Roulston told youth court Justice David Findlay Monday that she and her co-counsel on the file expect to receive some materials from the prosecution later this month.

“We’ve been advised by Ms. (Vicki) Faulkner we exepct some disclosure by Dec. 19,” Roulston told the Calgary Court of Justice judge.

Roulston asked that the case be adjourned to Jan. 6, to see if sufficient material is provided for the case to move forward.

Roulston and defence lawyers Andrea Urquhart and Jeanine Zahara, also indicated they have taken steps to address a potential conflict issue raised by Faulkner.

All three lawyers work out of the same office and the prosecutor said during an earlier appearance that may mean they can’t act on the same case.

Roulston said she has already arranged for her client to speak to independent counsel, Urquhart told Findlay that would be occurring with her client following the court appearance Monday, and Zahara asked that her client appear in person in January so that step can be taken.

The lawyers represent three 15-year-olds charged with first-degree murder in what police called the premeditated killing of 16-year-old Carter Spivak-Villeneuve.

Police said they responded to reports of a person in medical distress in the 300 block of Abergale Drive N.E. around 1:20 a.m. on Aug. 1, where they found the deceased.

A fourth suspect, a 16-year-old represented by Cameron Bally, also had his case adjourned to Jan. 6.

Because the accused are subject to a no contact order between them, two are being housed at the Calgary Young Offenders Centre while the other two are being kept in Edmonton.

Under the Youth Criminal Justice Act their identities are protected by a publication ban.

Preliminary inquiry begins for man charged with fatally stabbing landlord

The Crown began calling evidence Monday to determine if a Calgary man will stand trial for murder in the fatal stabbing of his landlord.

Prosecutor Scott Wilson said he expects to call about a dozen witnesses over the course of Ryan Kinoshita’s preliminary inquiry, which is scheduled to last four days but will likely conclude Wednesday.

Before testimony began, defence lawyer Allan Fay asked for, and was granted, a publication ban on the evidence by Justice Sean Dunnigan.

Kinoshita, 31, is charged with second-degree murder in the April 8, 2024, death of Joel Aaron Clark.

Police said Clark, 46, was fatally stabbed inside the home he owned on Prestwick Terrace S.E.

During earlier court appearances, Fay raised concerns about his client’s mental health.

On two occasions, doctors at the Southern Alberta Forensic Psychiatry Centre found Kinoshita mentally unfit to stand trial before further treatment allowed him to be found fit.

Fay had also sought a Criminal Code Section 16 assessment to determine his client’s mental condition at the time of the alleged murder of his landlord after reviewing the file and communicating with the accused.

“As a result of reviewing disclosure and speaking with my client I have a significant concern regarding Mr. Kinoshita’s mental state at the time of the homicide and before that,” Fay said during a June 3, 2024, court appearance by the accused.

“I’m asking that he be sent to SAFPC for him to be assessed to see if he meets a Section 16 criteria.”

Results of those tests have not been disclosed in court.

Dunnigan must determine if there is some evidence a jury could weigh in finding Kinoshita guilty of Clark’s murder.

The accused remains in custody pending a resolution in the case.

KMartin@postmedia.com

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