Our client was arrested along with his partner, accused of intending to wound his 5-month-old son. The allegation concerned the client’s child obtaining serious injuries. Following an eight-month investigation, the police took no further action.
This particular case was at the investigation stage. Our client faced an allegation of Section 18 Grievous Bodily Harm against his 5-month-old son. He was arrested along with his partner. By the time the client had been arrested, his son had suffered multiple head injuries around 3 months before. The months leading up to the client’s arrest were spent largely in the Family Court.
At the police station, we were faced with a paediatric report that the police and social services obtained, which stated that the sons’ injuries were consistent to that of Shaken Baby Syndrome. Our client requested our firm attend the police station to represent him during his police station interview and subsequent police investigation. The client knew he needed specialist solicitors and was aware that this was an area we dealt with.
From the outset, our client maintained that he was completely innocent of this allegation. The client stated that, while cradling his baby he slipped on the floor. This resulted in the client’s baby falling to the ground. The client then attended to his son. The client subsequently found bruising on the baby’s head and took the baby to Hospital.
The client also had a second child, whom he wasn’t allowed to see for the duration of the police investigation. Both of the client’s children were very young. The client had effectively been unable to see his children for a significant part of their lives.
A striking feature of this case was the evidence of multiple social workers, who were caring for both children while our client was not allowed to see his children. These social workers all remarked on how both children behaved in ways which resembled them desperately missing their parents. Our client was of good character and had never been arrested before. It was clear this allegation came so out of the blue and was so out of character for our client.
There are many difficult challenges to overcome in cases like this. There was a baby who was five months old, he suffered very severe injuries and our client was the last person who held this baby before he suffered these injuries. Another difficulty is that the Police invariably instruct the same group of experts who produce reports that support what the Police say happened.
This was not a case where we were disputing the injures the child sustained. We were however disputing the cause of the injuries and timing of the injuries. A police station interview frequently shapes the direction of a case. Providing the correct advice is paramount. The client gave a full comment interview, in accordance with our advice. From the outset, the client’s account was detailed, clear and credible. He was able to withstand intense questioning from senior police officers at such a traumatic moment in his life.
The months following the client’s interview, it became clearer that the case against our client was flawed. An additional paediatric report was obtained which completely supported our client’s version of events. Text message evidence between our client and his partner was obtained which showed our client and his partner communicating like any concerned parents would be.
It was vital that we stayed in close communication with the police throughout the investigation. We directed the Police to this evidence. The police concluded that there was no realistic prospect of a conviction, should our client be charged. This resulted in our client being no further actioned.
Our client was a professional person with no previous conviction or any involvement with the police. In the space of a few months, his life had been turned upside down. He had been thrown through family court, lost contact with both of his children and then had to go through a gruelling police investigation. Knowing that he would not be charged came as a huge relief for our client.
How Stephensons can help
We understand facing an allegation of this nature can tear families apart, particularly when there is expert evidence against you. Our criminal team has specialist knowledge of this area of criminal law. We are not afraid to instruct experts to challenge evidence that the police and prosecution have obtained.
If you are under investigation or have been charged with an allegation of this nature, our team of specialist criminal defence lawyers will be glad to speak to you.