RAHMAN Family / Part 290 / For Love and For Justice / Zabeth and Paul Bayne/

You who comment make it clear that the Baynes' experience with the child protection element of MCFD is not unique. This Bayne Campaign for Justice has not been precedent setting. Sure the Bayne case gained some public visibility via CBC and Global TV telecasts and online video links as well as this blog and others. Their campaign backed by a large cast of supporters has also used an online petition and promoted a Trust Fund to finance the incurred legal costs. But so have other complainants.

Rahman children

Consider the RAHMAN Family. On a well designed website with helpful tabs, friends of the family logged the ongoing struggle to establish innocence, acquittal, credibility and recovery.

 Here are details from that site.

One year ago some final web pages were published about their similar horrific experience. On April 9th, 2005, the Rahman children, then aged 2,3,4, and 5 years, were removed from their family after their two-year-old cousin died while in the mother's care.The child's loss was a terrible tragedy. The court documents explain that the niece, a two-year-old girl, fell from a chair while eating and hit her head on a concrete floor. The Rahman mother, Muzzammil Rahman was in the washroom and her own four young children witnessed the niece’s fall and alerted their mother. Finding that the child was unconscious and not breathing, Muzzammil who spoke limited English and had no transportation, took the child to a neighbour. The neighbour found pieces of waffle lodged in the child's throat, removed it and called 911. The 911 recording reveals sounds of the child choking. The story also indicates that the child had a pre-existing but undisclosed medical condition. Muzzammil was charged with manslaughter, (specifically, shaken baby syndrome).

It took three years for this case to come to trial and during that time, the children remained in care. Honourable, Mr. Justice. W.G. Grist B.C. Supreme Court May 21st, 2008 ruled “The Crown says the accused was overwhelmed and over-burdened by the care of her four children and Aisha. There is no direct evidence of this and there is evidence that she was taking proper care of the child.”... “I think it essential in this case to keep in mind the evidence of the events as they unfolded given by these various witnesses.”... “Accordingly, the accused should be discharged.” Muzzammil was acquitted.

Some birthdays later - Rahman children

Immediately Muzzammil and Muhammad Attiq-Ur-Rahman's lawyer began court proceedings to get their children back. Can you appreciate how devastated they must have been when in spite of the acquittal, Surrey Provincial Court Judge Marilynn Borowicz stated in her ruling that the child who died was a victim of "severe, sustained, and unexplained child abuse." She ruled the Rahman children should stay in foster care. Similar to the Baynes, in the Rahman case the MCFD filed for a Continuing Care Order. ( Details taken from Denise Ryan's, Vancouver Sun article of August 13, 2009)

Later, at the Rahmans' appeal to the B.C. Supreme Court, Justice Grant Burnyeat overturned Judge Borowicsz's judgement with a statement saying that Borowicz had made “a critical omission” in her ruling by not giving an explanation for how she arrived at her conclusions. He wrote, "There is a complete failure to either review or analyze any of the expert evidence." He ordered a new trial for Muzzammil and Muhammad Attiq-Ur-Rahman in their fight to regain custody of their children. Their legal costs have been estimated at $200,000.  ( Details taken from Denise Ryan's, Vancouver Sun article of August 13, 2009)

The family was reunited in 2009. A final online post on Thursday, 24 December 2009 11:31, announced that “all the kids have been returned to their parents by an official court order.... We would like to sincerely thank you from the bottom of our hearts for all the moral, financial, and generous support that everybody has provided throughout this ordeal!” The four Rahman children were 10, nine, seven and six when they were returned one year ago – having been for four years in the care of the Ministry and away from their parents. I am so glad for their happiness.