EXPERT EVIDENCE DISPUTED AS BABYSITTER IS CLEARED OF KILLING TODDLER
Expert evidence from two leading medical specialists has led to a babysitter being freed after a retrial, ordered by the Court of Appeal, cleared her of charges of killing a toddler in her care.
At the original trial, the prosecution alleged that, in March 2005, 38-year old Suzanne Holdsworth from Leeds lost her temper and repeatedly banged two-year old Kyle Fisher's head against a wooden banister rail with as much force as a 60mph crash.
Expert witnesses called by the Prosecution told the Court that, in their opinion, bleeding in his skull and swelling in his brain had been caused by a severe head trauma.
Ms Holdsworth was convicted of murder and sentenced to 10 years imprisonment.
But a BBC investigation, based on work by consultant neuropathologist Dr Wainey Squier, later cast doubt on the prosecution expert medical evidence, saying that, in her view, a massive blow to the head was "unlikely".
The jury, at the re-trial, heard that doctors at the first hearing had reportedly "got it wrong" and "collectively failed to diagnose" that Kyle had a "highly unusual brain", with abnormalities which made hime prone to epilepsy.
Dr Squier, called by the Defence, told the second jury that, based on what she described as "a large amount of clinical evidence", there was a reasonable possibility that the toddler had suffered a prolonged epileptic seizure.
She went on to say that 80% of children with any one of the abnormalities
would develop epilepsy, adding that "I have never seen a brain where all of these
features have come together. It is quite unique. This case is incredibly complicated; there are so many factors involved."
The Court also heard expert evidence from Italian paediatric neurologist, Professor Renzo Guerrini from the University of Florence, author of the World Health organisation's guidelines on paediatric epilepsy.
Speaking about the toddler's brain abnormalities, he told the Court that he was "not aware of such a patient reported in any medical literature."
Professor Guerrini went on to say that Kyle's reported symptoms, of being floppy, hitting himself and drifting in and out of consciousness matched what he would have expected during an epileptic seizure. He added that, with Kyle's combination of brain features "there's a really high chance" of the child experiencing fits.
Questioned by Defence Counsel Andrew Thomas QC about the cause of Kyle's collapse, he added that "In my opinion there is compelling evidence he had some head injury before this night which might have been trivial but sufficient
enough to produce bleeding on the brain which triggered the epileptic
seizure which because of Kyle's brain condition was possibly prolonged."
In his closing submission, prosecutor Andrew Robertson QC told the re-trial jury that, on the question of who was responsible for Kyle's injuries, the Defence had given them a choice between babysitter Suzanne Holdsworth and the child's mother Clare Fisher.
After the acquittal, Police announced that they will not be re-opening the investigation into Kyle's death.
ENDS