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LETHBRIDGE, Alta. — The Crown is appealing the not guilty verdict in the case of an Alberta couple charged with not seeking medical help sooner for their sick toddler son.

Last month Justice Terry Clackson acquitted David and Collet Stephan of failing to provide the necessaries of life in the death of 19-month-old Ezekiel, who contracted bacterial meningitis in 2012.

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Although the original medical examiner found the boy died of the infection, Clackson sided with the defence expert who said it was a lack of oxygen.

In his decision, the judge noted the Nigerian-born medical examiner spoke with an accent and was hard to understand.

The Crown says the judge erred by insisting prosecutors had to prove taking Ezekiel to the doctor would have saved the boy’s life.

Prosecutors also say the judge’s comments indicate a reasonable apprehension of bias.