Details revealed in Giesbrecht case, argument over autopsy unfolds

According to Greg Brodsky, lawyer toAndrea Giesbrecht,a white gallon pail with a gelatinous substance andinfant limbs was seized from theU-Haul storage locker Giesbrecht was renting. Brodsky revealeddetails in court on Friday afternoon.

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The bodies were reportedly wrapped in garbage bags that were put in duffel bags and Rubbermaid containers, and gave off a strong odour. The last body was wrapped in a towel and garbage bag and placedin a pail, according to Brodsky.

The Crown opened its argument on Friday afternoon by saying that human remains are not owned by anyone and the Crown won't file them as court exhibits.

On Friday morning,Brodskyfought to have an independent pathologist oversee the remainder of the autopsieson the remains.

Brodsky'sargument came afterDavidGisser, lawyer for the Manitoba's chief medical examiner, said the provincial court has no jurisdiction over how an autopsy is conducted or who should be allowed in the room on Oct. 31.

According to the Crown, TheFatality Inquiries Actstates that the chief medical examiner can exclude anyone from an autopsy, which is what Dr.Balachandrahas done.

The findings of the autopsies could effect the chargesGiesbrechtwill face in the future.

Giesbrecht, who was present on Friday,is charged with concealing the remains of six infants thatwere discovered in a U-Haul storage locker on Oct. 20.When Giesbrecht was arrested, she was charged with homicide but without knowing all details about the remains, authorities changed those to her current charges.

If the autopsies show the babies were born alive, murder charges could be laid.

Brodsky started his argument for an independent pathologist on Friday morning by saying the person who has the most to lose isn't allowed to be representedduring the autopsies. He added that police are allowed to be in the room and mentionedthe possibility of stillbirths.

He then referred toan Australiancase that resulted from an incident that happened in 1980 as a basis of comparison.

"People looking at different injuries see different things," Brodsky said. "Like in [the] case of [a] dingo that killed a baby. [The] mother was suspected."

The Winnipeg Police Service got a warrant to search the storage locker where the remains were found for traces of blood, skin, hair, clothing and fingerprints but the police did not seize the remains, according to the Crown. Instead, the chief medical examiner's office handled the remains, as per Manitoba'sFatality Inquires Act.

The Crown also noted that police received the initial call about the remains around 1 p.m. and secured the scene. Around 4:55 p.m. the same day, the chief medical examiner's officetook over and the remains were removed from the storage locker at 10:34 p.m.

The bodies remain in the care of the chief medical examiner's office and the chief medical examiner was not in court to speakFriday.

The Crown said that it feared evidence would be lost as chief medical examiner autopsies can only be on hold for two weeks and that timeis coming to an end.