SBS: Newfoundland: Colin Matchim trial

Colin James Matchim appears in court in this Telegram file photo.

There has been a delay in the sentencing of Colin James Matchim, the 25-year-old man convicted May 31 of aggravated assault for shaking his baby daughter.
Matchim was to be sentenced this morning in Newfoundland Supreme Court in St. John’s, but his newly appointed lawyer, Peter Ralph, has requested more time with the case file.
"Once we received the discovery (July 4) there were some issues we thought we needed to explore before we proceeded to sentencing," the lawyer told Justice Wayne Dymond.
He also said he has recommended Matchim not participate in the creation of a pre-sentencing report.
The sentencing hearing is now scheduled for Sept. 22.
While Dymond noted it will be "an unusually long time between conviction and sentencing," since the request was made by Matchim's own attorney and the Crown had no objection to the postponement, it was granted.
Matchim was found guilty of aggravated assault for shaking 3 1/2-month-old August Matchim in March 2009.
Evidence from the 17-day trial revealed that on March 17, 2009, Matchim was home alone with the baby while the baby's mother, Kate Coombs, was out running errands.
She said the baby appeared fine and was sleeping in her swing when she left.
But when she got home about an hour later, she noticed the child was unresponsive, cold and pale.
The baby was taken to the Janeway children's hospital, where doctors immediately suspected shaken baby syndrome.
According to medical reports, the child still cannot walk on her own and has difficulty with movement on her right side. The damage is permanent.
Police arrested and charged Matchim in April 2009. He was released on strict conditions shortly afterwards, but has been in jail since Dymond handed down the verdict May 31.
http://www.thetelegram.com/News/Local/2011-07-18/article-2660077/Sentencing-set-over-in-shaken-baby-case/1

SBS: Newfoundland: Colin Matchim guilty of shaking baby

June 1, 2011 Rosie Gillingham   

Colin James Matchim is handcuffed by a sheriff’s officer after being found guilty of aggravated assault in Supreme Court Tuesday. A request by his lawyer that he be allowed to remain free until his sentencing in July was denied and he was immediately...

He had denied it, then confessed to it, recanted the confession and even blamed the mother of his child.
In the end, Colin James Matchim’s ever-changing story about what caused his infant daughter’s brain damage two years ago ended with his conviction Tuesday.
The 25-year-old was found guilty of aggravated assault for shaking 3 1/2-month-old August Matchim in March 2009.
“I believe the accused could not accept what he had done to his child and was unable to tell (the child’s mother) Kate Coombs, Child Youth and Family Services (CYFS) or the police what actually took place (until days later),” Justice Wayne Dymond stated in his written decision, copies of which were distributed to lawyers and reporters.
Moments after Dymond gave his shortened verbal decision, Matchim was escorted out of the courtroom in handcuffs.
From the other side of the courtroom at Newfoundland Supreme Court in St. John’s, Coombs watched, showing no reaction.
Matchim’s lawyer, Scott Hurley, had objected to Crown prosecutor Phil LeFeuvre’s recommendation to put Matchim in jail before sentencing.
He pointed out Matchim has not missed a court date and would not pose a risk to anyone if he was released.
But Dymond disagreed, pointing to problems with Matchim’s ability to adhere to certain conditions and his emotional stability.
During the trial, Matchim and Coombs admitted to seeing each other, and to Matchim seeing the baby, after he had been charged. Matchim had been ordered to have no contact with either of them.
“Under unique circumstances, it’s safer for everyone that Mr. Matchim (be taken) into custody,” Dymond said.
A sentencing hearing is set for July 25.

Evidence from the 17-day trial revealed that on March 17, 2009, Matchim was home alone with the baby while Coombs was out running errands. She said the baby appeared fine and was sleeping in her swing when she left.
But when she got home about an hour later, she noticed the child was unresponsive, cold and pale.
The baby was taken to the Janeway children’ hospital, where doctors immediately suspected shaken baby syndrome.
According to medical reports, the child still cannot walk on her own and has difficulty with movement on her right side. The damage is permanent.
Police arrested and charged Matchim in April 2009. He was released on strict conditions shortly afterwards.
Matchim had originally denied he did anything wrong.
But 10 days after the incident, he confessed to police and to a social worker that he did shake the child.
He made the admission to police after having an MSN online conversation with Coombs, who had moved out of their apartment.

“I believe the accused could not accept what he had done to his child and was unable to tell (the child’s mother) Kate Coombs, Child Youth and Family Services (CYFS) or the police what actually took place (until days later).” - Justice Wayne Dymond

During the conversation, Coombs was upset with Matchim and demanded he tell her what happened to the baby.
He initially denied he hurt her, but later told her, “I will tell you … It was an accident.” He goes on to say the baby had been crying and was holding her breath.”
He then went to police and confessed to shaking her. The next day, he admitted the same to a CYFS social worker.
During the trial, the defence had objected to allowing Matchim’s confessions, but after arguments on the subject, Dymond found it was voluntary and admissible.
When he took the stand, Matchim recanted the confessions, stating he gave false information because he feared August would end up in foster care. However, he later said he confessed because he was sick of all the interviews with social workers and police.
At one point to police, Matchim even blamed Coombs for causing the baby’s injuries, but at trial, changed his story to say he did not believe Coombs was responsible.
In the end, the judge said there were too many inconsistencies in Matchim’s stories and concluded he lacked credibility.
“It is clear Mr. Matchim lied to the police, as he has given two completely different versions, both convincing and detailed,” Dymond said the main reason Matchim confessed at all was because he was afraid Coombs would leave him for good.
The judge said Matchim’s explanation for the baby’s injuries was inconsistent with medical evidence, “which clearly establishes that the child was shaken.”
Dymond also pointed out Matchim chose to ignore court orders to stay away from Coombs and the baby.
“It is clear that the recognizance meant absolutely nothing to him,” Dymond said.
Matchim is due in provincial court July 26 to answer to those charges.
As for Coombs, the judge said while she also lied on the stand about having no contact with Matchim, he didn’t believe she was responsible for the baby’s injuries.
Not only did she demand that Matchim tell her what happened during their MSN conversation, but she later admitted she lied because was concerned about CYFS finding out she had been with Matchim.
“This does not excuse her lying on this issue,” Dymond said, “but it does explain why she did.”
Coombs chose not to speak to reporters after proceedings.
Lawyers also opted not to comment as they review sentencing options.
http://www.thetelegram.com/News/Local/2011-06-01/article-2550315/Matchim-guilty-of-shaking-baby/1

SBS: Newfoundland: Colin Matchim trial

Apr 5, 2011

Kate Coombs testified that her infant daughter was happy and healthy when she left her in the care of her former partner. (CBC )

The mother of a brain-injured girl told a St. John's trial Tuesday that her daughter was healthy and happy shortly before she was allegedly shaken by her father.

Meanwhile, court was presented Tuesday with the transcription of an emotionally raw texting exchange between Kate Coombs and Colin Matchim, who is being tried for aggravated assault in the alleged March 2009 shaking of their daughter, August.
Colin Matchim is standing trial for allegedly assaulting his baby daughter. CBC Kate Coombs told Supreme Court of Newfoundland and Labrador that she changed and washed her daughter, and then left the infant with Matchim because she had to go to the bank.
Court has been told the girl, who was three and a half months old at the time, has significant neurological damage.
Coombs testified that when she returned home, August was grey, pale and cold. The baby was taken immediately to the Janeway children's hospital in St. John's.
Coombs said she fainted when she was told that the baby was brain-injured.
The transcript presented to the court shows the powerful emotions between the then-estranged couple in the days immediately following that incident.
"I cant [sic] live without you," Matchim texted Coombs, who had gone to stay with her mother and had told Matchim she wanted no contact with him. "i am not trying to be a bitch but i can;t talk to you knowing that something happend to baby August when i wasn't home and you can't tell me what happened," Coombs texted to Matchim.
"i know but im going insane," he replied.
The texting exchange happened just before Matchim confessed to police that he had shaken his daughter, but had not intended to hurt her. The defence has said Matchim made the confession only because he felt threatened by a social worker, who said he would otherwise lose access to his child.
After Matchim told her that he was scared, Coombs texted back, "your scared, you know if i loose August im going to have a nervous break down."
"i know me too," Matchim wrote. "i'm having thoughts. i just can't deal with this anymore."
Later, after telling Coombs that he was afraid she would "disappear out of my life," Matchim agreed to speak to police once more.
"just know that it was an accident ok she was holding her breath and she wouldnt let go and i panniked."
Coombs stopped engaging with Matchim, who repeatedly asked for her attention, at one point typing Kate!, with dozens of extra exclamation points.
Coombs, who made a copy of the texting exchange after Matchim requested she do so, testified that she was too angry to respond to Matchim.
http://www.cbc.ca/news/canada/newfoundland-labrador/story/2011/04/05/matchim-mother-testifies-405.htm

SBS: Newfoundland: Colin Matcham

March 16, 2011

Shortly after his infant daughter was taken to hospital suffering from what doctors suspect was Shaken Baby Syndrome, Colin James Matchim confessed to police that he did it.
Matchim made the confession to RNC Sgt. Pat Roche on March 26, 2009, during a videotaped statement at RNC headquarters.

It happened just a few hours after denying to police he shook the baby.
The admissibility of Matchim's confession was the subject of arguments for over a week in Matchim’s trial in Newfoundland Supreme Court in St. John’s.
Justice Wayne Dymond ruled today the confession is admissible and can be entered into evidence during the trial.
Matchim, who is not in custody, quickly grabbed his coat and walked out of the courtroom after proceedings, which took just minutes for Dymond to announce his decision.
The trial continues Thursday.
Matchim faces one count of aggravated assault. He's suspected of shaking his 3 1/2-month-old daughter in early March 2009, causing her permanent brain damage.
http://www.thetelegram.com/News/Local/2011-03-16/article-2334540/Judge-rules-confession-to-police-admissible/1