For Love and For Justice / Part 119 / Zabeth and Paul Bayne

Court Report from Monday, February 22, 2010

Social worker Kimberly Grey stepped into the witness box this morning. She became associated with this file in October/November 2008. She presented a series of printed email messages by which to demonstrate her efforts to develop a relationship with Paul and Zabeth Bayne. She intended to show that the Baynes did not respond or reciprocate her communications. She stated that she had requested the Baynes' participation with a Risk Assessment resolution. She was acquainted with Bayne’s version of the origin of Bethany’s injuries and she had social worker Loren Humeny’s draft of the Risk Assessment that contained the MCFD version of the injury cause. She wanted to resolve the discrepancy. She stated that her mail showed that she had frequently extended invitations to them to call her. The Baynes however did not call. She stated as well that it was her impression that the Baynes were constantly complaining. She also commented on what she knew about the children’s health and wellbeing.

When Doug Christie cross-examined her, he demonstrated to the court that the Baynes had in fact written many email messages which she had chosen not to answer. On the occasions that Grey did reply via email, it was a brief response that invited them to call her to talk by telephone. Christie demonstrated by his questions that Grey preferred not to respond to the Baynes or their concerns and questions through written correspondence that could be preserved and filed. It was suggested that her supervisors told her to handle the case this way. The Baynes were looking for the courtesy of a response. Besides, their counsel had told them not to communicate with Ms. Grey by phone but rather through email.

Christie also raised some of the concerns that the Baynes had expressed to her about injuries that they observed and claimed occurred while the children were in MCFD care. She testified that she did not feel that the injuries to which they referred had warranted their concern or her further attention. One of those injury reports had been what appeared to the Baynes as adult grip marks on Bethany’s arm. Grey stated that she had concluded that these marks occurred when the girl was crawling over some toys. She maintained this story even when shown the photo of Bethany with the questionable marks. Christie also inquired about reported injuries to Baden while in care – injuries that had been supported by photo evidence.

Christie returned to an evidence issue that troubles the Baynes. Loren Humeny was recalled to the witness stand. Court was told that the Ministry possesses a Bayne medical expert’s report which the Baynes have claimed they did not send to the MCFD. How it was obtained was the question to which Christie was seeking to ferret out an answer. Apparently this report was submitted to MCFD by a source unidentified in court testimony. Humeny’s testimony was that both he and his supervisor Berhe Gulbot had deleted the file(s) that detailed how the report came into MCFD's possession. Christie may not be finished with this item yet.