Grandfather wants 'justice served' for Matthew Rich

The grandfather of a baby boy whose brain went missing after his death — a situation that led to charges being dropped against the infant's accused killer — says he has lost confidence in the justice system.

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Sebastian Benuen's four-and-a-half-month-old grandson Matthew Rich died on Oct. 15, 2013, after he was rushed to hospital in Happy Valley-Goose Bay in serious condition.

"This is crazy," Benuen recalls saying after hearing the man accused of killing the infant — Rich's father Thomas Michel — had a murder charge against him withdrawn.

"I don't believe anything they said because ... my grandson, he's gone and he'll never be back again."

Michel, of Sheshatshiu, was charged with second-degree murder about a month after Rich died.

But the charge ended up being withdrawn after key evidence, the infant's brain, went missing and was presumed to have been inadvertently thrown out.

Lost evidence

It came as a shock, Benuen says, when he learned the day before the charge was dropped what had happened.

"No one updated us on what [was] going on between that incident and last year before they dropped the charges," he said.

However, the mother of the child was notified in February 2015 of the missing evidence, according to Crown prosecutor Elaine Reid.

Documents obtained by CBC News show that officials realized in August 2014 that the infant's brain was lost and presumed discarded.

The charge wasn't dropped until Dec. 10, 2015.

Reid said it was because they were looking at other options to proceed with the case without the brain.

No one was reprimanded from Eastern Health or the Office of the Chief Medical Examiner for the incident. 

Other injuries, grandfather says

The last two and a half years have been rough on the family, Benuen told CBC News Wednesday.

Justice, he says, has not been served for his infant grandson, adding he believes a guilty man walked free because of the error.

"I don't know what's going on with the justice system here in Newfoundland and Labrador because, you know, I'd like to see justice served on this case," Benuen said.

"Everybody knows the baby's dead. The baby's dead and he has kinds of bruises in his head, got a broken arm, got a broken rib, broken leg. Somebody has to be responsible for all these injuries and I think somebody knows what's going on down here."

Chief medical examiner Dr. Simon Avis confirms Rich did have other injuries. However, Avis said accurate timing of when the injuries occurred is difficult to surmise.

"There were skeletal injuries showing healing indicating they were older injuries, as well as others with minimal healing indicating they were more recent," Avis said.

Meanwhile, Benuen says there needs to be a "second look" at the justice system in the province. 

"Me and my wife and my children are very, very sad and emotional when we break the news to [the family] where we're just coming from the cop station telling us that the charges will be dropped ... we [are] all sad."