Defence wants conviction quashed for woman convicted of hiding infant remains

Medical experts testified the infants were Giesbrecht’s, were at or near full term and were likely to have been born alive.

She was convicted earlier this year and a judge is to decide her sentence on Friday, but Brodsky says he will be in court that morning to try to have the case thrown out.

“I’m filing the motion because we think it’s taken too long,” Brodsky said Wednesday.

“Whether it’s heard or not on Friday is a matter that is not in my control. The transcripts … of the proceedings have been ordered. Whether they’re here or not by Friday, I don’t know.”

How the infants died remains a mystery. Medical experts testified the remains were so decomposed, a cause of death could not be determined. Giesbrecht did not testify and the defence did not call any witnesses.

Giesbrecht, 43, was convicted of six counts of concealing newborn remains — an offence that carries a maximum penalty of two years for each count.

At a sentencing hearing last week, Brodsky asked provincial court Judge Murray Thompson to spare Giesbrecht any more time in custody beyond the 168 days she spent between her arrest and when she was granted bail.

Crown attorney Debbie Buors asked for an 11-year sentence minus time served — one year for the earliest infant remains and two years for each of the other five, to be served consecutively.

The judge’s decision Friday afternoon is to be livestreamed on media. He will first have to decide whether to hear immediately Brodsky’s motion to dismiss, reject it outright or postpone matters and hear the motion at a later date.

Steve Lambert, The Canadian Press

by Canadian Press

Defence wants conviction quashed for woman convicted of hiding infant remains

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