Review and Investigation. PETER H. MARKESTEYN, M.D., F.C.A.P. Newfoundland and Labrador Child and Youth Advocate s Delegate

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Turner Review and Investigation September 2006 PETER H. MARKESTEYN, M.D., F.C.A.P. Newfoundland and Labrador Child and Youth Advocate s Delegate DAVID C. DAY, Q.C. Legal Counsel Volume III

2006, by Government of Newfoundland and Labrador St. John s, NL A1B 4J6 www.gov.nl.ca No part of this publication may be reproduced, stored in retrieval system or transmitted in any form or by any means without the prior written consent of the publisher. Library and Archives Canada Cataloging In Publication Findings of Turner Review and Investigation / by Dr. Peter H. Markesteyn, Delegate of Child and Youth Advocate of Newfoundland and Labrador, and David C. Day, Q.C. ISBN 1-55146-289-3 1. Child Welfare - Newfoundland and Labrador. 2. Child Death Review - Newfoundland and Labrador. 3. Child and Youth Advocate - Newfoundland and Labrador I. Markesteyn, Peter H. II. Day, David C. III. Title [pending] [pending] [pending] Volumes One, Two and Three of the Findings of the Turner Review and Investigation, by Dr. Peter H. Markesteyn, M.D., F.C.A.P. and David C. Day, Q.C. are accessible, electronically, at the website of the OfÞce of the Child and Youth Advocate: www.childandyouthadvocate.nl.ca

Table of Contents Appendices APPENDIX A 1. Letter appointing Delegate of Child and Youth Advocate, and stating Delegate s terms of reference, dated 17 May 2005...A.3 2. Letter of transmittal of Delegate s Findings to Child and Youth Advocate, dated 15 September 2006...A.5 3. Genealogy Shirley Jane Turner...A.7 4. Child and Youth Advocate Act, Statutes of Newfoundland and Labrador 2001, chapter C-12.01...A.9 5. Child, Youth and Family Services Act, Statutes of Newfoundland and Labrador 1998, chapter C-12.1 (as amended): analysis, and sections 1-49; 62-66; 75-76...A.27 6. Report of Child, Youth and Family Services, Health and Community Services, St. John s Region, to Minister of Department of Health and Community Services, with covering letter dated 08 September 2003...A.71 7. Report of Child, Youth and Family Services, Health and Community Services, St. John s Region, to Executive Director of Health and Community Services, St. John s Region, with covering letter dated 08 September 2003...A.87 8. Statement of Interest - Peter H. Markesteyn, M.D., F.C.A.P...A.101 9. Statement of Interest - David C. Day, Q.C...A.105 10. Risk Assessment... A.111 APPENDIX B Maps and Photographs 1. Dr. Andrew David Bagby (1973-2001)... B.147 2. Road map showing Corner Brook, Deer Lake, Parsons Pond, Portland Creek, Daniels Harbour, and Eddie s Cove East, Newfoundland... B.148 Volume III Turner Review and Investigation i

Table of Contents Appendix 3. Road map showing Council Bluffs, Iowa (in left lower quarter of map) and Sac City, Iowa (in left upper quarter of map)... B.149 4. Road map showing central part of continental United States, including Council Bluffs and Stuart, Iowa (in left upper quarter of map); Chicago and South Bend, Illinois (in upper centre of map), Cleveland, Ohio and Pittsburg, Pennsylvania (in right upper quarter of map)... B.150 5. Road map showing Pittsburg, Latrobe, Keystone State Park, and Saltsburg, Pennsylvania (in centre of map)... B.151 6. Photo of day-parking lot in Keystone State Park, Pennsylvania including location where deceased, Dr. Andrew David Bagby, and his motor vehicle were found on 06 November 2001... B.152 7. Road map of Avalon Peninsula, showing St. John s, Manuels, Long Pond, Foxtrap, and Kelligrews, Newfoundland... B.153 8. Road map of portion of Town of Conception Bay South, showing parts of Kelligrews, Foxtrap and Long Pond, Newfoundland... B.154 9. Legend to aerial photographs of portions of Kelligrews and Foxtrap areas of Town of Conception Bay South... B.155 10. Aerial photograph of portions of Kelligrews and Foxtrap areas of Town of Conception Bay South, including Job s Road, Kelligrews where motor vehicle operated by Dr. Shirley Turner found abandoned on 18 August 2003... B.156 11. Aerial photograph of coastal road from Kelligrews to Foxtrap.... B.157 12. Aerial photograph of Foxtrap Marina... B.158 13. Surface photograph of part of coastal road from Kelligrews to Foxtrap.... B.159 14. Surface photograph of Job s Road showing motor vehicle which was abandoned by Dr. Shirley Turner in early morning of 18 August 2003. (Roof of Kelligrews man s duplex residence is centre of photograph.)... B.160 ii Turner Review and Investigation Volume III

Table of Contents Appendix 15. Surface photograph of side of Foxtrap Marina building showing the two entrances on side of building (to right of photograph) and entrance to main wharf of Foxtrap Marina (to left of photograph); taken from area of picnic tables behind Marina building.... B.161 16. Surface photograph of entrance to main wharf of Foxtrap Marina (to the right is part of Sea Quest building located beside Foxtrap Marina building, which is not shown)... B.162 17. Surface photograph of end of main wharf of Foxtrap Marina and (in left of upper quarter of photograph) Manuels Beach... B.163 18. Surface photograph of Manuels Beach (left of photograph, taken from end of main wharf of Foxtrap Marina)... B.164 19. Aerial photograph of coastline from Foxtrap Marina to Manuels Beach... B.165 20. Surface photograph of the portion of Manuels Beach where bodies of Dr. Shirley Turner and Zachary Turner found, separately, beside boulders in centre of photograph... B.166 21. Shoes worn by Dr. Shirley Turner on early morning of 18 August 2003, showing outer exterior aspect of each shoe.... B.167 22. Shoes worn by Dr. Shirley Turner on early morning of 18 August 2003, showing inner exterior aspect of each shoe.... B.168 Volume III Turner Review and Investigation iii

iv Turner Review and Investigation Volume III