Dr. Charles Smith says he may have made some mistakes in his job as a pathologist, but that it would be "unfair" to lay the blame squarely on him for any alleged miscarriages of justice.
In a 321-page written submission to a public inquiry into the pathologist's work, Smith's lawyers said it was a combination of circumstances that lead the doctor to make the critical mistakes he made.
"Simply because Dr. Smith made mistakes in his pathology in five cases (out of more than 1,000), gave evidence that was erroneous or strayed beyond his expertise in five cases and acknowledged contributing to delay and/or misplaced evidence in certain cases, does not support a conclusion that he intended to impede the justice system," the written submission states.
"To the contrary, in light of the undeniably challenging nature of pediatric forensic pathology, the absence of sufficient training and oversight, and his undisputed commitment to his work, it would be unfair to Dr. Smith to conclude that he alone was responsible for any alleged miscarriages of justice."
The submission also pointed out that in three of the five cases where Smith came to wrong conclusions, other pathologists also made mistakes.
Lawyers conceded that Smith gave evidence that was "confusing, unscientific or overly dogmatic."
The submission pointed to the "adversarial nature" of the justice system, absence of testimonial training and a culture which permits "expansive testimony" as contributing factors to the quality of his testimony.
The inquiry is expected to deliver its final report on April 25.
