Saturday, October 16, 2010

MICHAEL BURRIDGE; BRITISH "SHAKEN-BABY" CASE: FRESH MEDICAL EVIDENCE; APPEAL IS COMPLETED ; APPEAL COURT RESERVES DECISION;



"Throughout this week, Burridge and his legal team have fought a Court of Appeal battle in London to overturn the conviction and clear his name, citing fresh medical evidence.

But, after hearing hours of often complex scientific evidence and intense legal argument, Lord Justice Leveson opted to reserve the court's decision until a later date.

Earlier this week, Henry Blaxland QC, representing the father, introduced fresh evidence from a top histopathologist, who suggested Rees's bones may have been weak.

At the trial, prosecutors had said Burridge must have been responsible for a rib injury and, by inference, was much more likely to have inflicted earlier fractures.

But at the Court of Appeal, Professor Archie Malcolm said it was possible that the injury may have been caused by "zealous" resuscitation techniques, used by the father or medical staff.

Prosecution barrister, William Boyce QC, said Burridge's own account of events contradicted that."

THIS IS CORNWALL;

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"A former soldier facing life in prison for the murder of his baby son faces an anxious wait to discover the outcome of his appeal against the conviction," the "This is Cornwall" story filed earlier today under the heading, "Father must wait for judgment in baby murder case," begins.

"Michael Burridge, 30, of Tavistock, was jailed for life in March 2008 after a Plymouth Crown Court jury found him guilty of murdering eight-week-old Rees,"
the story continues.

"The baby boy died in September 2006 after suffering a catalogue of injuries, which prosecutors said had occurred when Burridge violently shook the baby.

Throughout this week, Burridge and his legal team have fought a Court of Appeal battle in London to overturn the conviction and clear his name, citing fresh medical evidence.

But, after hearing hours of often complex scientific evidence and intense legal argument, Lord Justice Leveson opted to reserve the court's decision until a later date.

Earlier this week, Henry Blaxland QC, representing the father, introduced fresh evidence from a top histopathologist, who suggested Rees's bones may have been weak.

At the trial, prosecutors had said Burridge must have been responsible for a rib injury and, by inference, was much more likely to have inflicted earlier fractures.

But at the Court of Appeal, Professor Archie Malcolm said it was possible that the injury may have been caused by "zealous" resuscitation techniques, used by the father or medical staff.

Prosecution barrister, William Boyce QC, said Burridge's own account of events contradicted that.

He told the court: "It is an inevitable fact, the respondent says, from the appellant's perspective, that his description of what he did to Rees could not be described as 'quite zealous' or 'zealous' CPR, so as to cause the fracture of the rib, or re-fracture."

Mr Blaxland had also argued that, if not for the evidence of the fractured rib, the only material suggesting Burridge's guilt was the well-known "triad" of head and eye injuries in shaken baby syndrome cases.

Although a pointer towards a non-accidental death, those injuries are not "diagnostic" of such a death, said the QC.

Mr Boyce disagreed. "This is not a case simply of the triad, there is the triad in a strong form in each element, and there is a significant body of supporting evidence," he said.

No date has been set for the judgment in the appeal."


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The story can be found at:

http://www.thisiscornwall.co.uk/crime/Father-wait-judgment-baby-case/article-2764995-detail/article.html

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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;