"PROSECUTORS CLAIMED THAT THE 22-YEAR-OLD, WHO IS ORIGINALLY FROM BANGLADESH, HAD CAUSED HIS DEATH BY SHAKING HIM OR BY INFLICTING HEAD INJURIES.
BUT SHE WAS DRAMATICALLY FREED AT THE OLD BAILEY YESTERDAY AFTER MEDICAL EXPERTS WERE UNABLE TO AGREE ON HOW HE CAME ABOUT HIS INJURIES.
JUDGE RICHARD HONE, WHO ENTERED A FORMAL NOT GUILTY VERDICT FOR MRS KHATUN AFTER PROSECUTORS OFFERED NO EVIDENCE AGAINST HER, TOLD THE COURT YESTERDAY:
'THERE IS NOTHING I CAN USEFULLY DO EXCEPT TO EXPRESS A REGRET THAT MRS KHATUN HAS BEEN KEPT IN A STATE OF MISERY FOR THIS PERIOD."... ...
ANOTHER MOTHER, FATIMA MIAH, 27, WAS ACQUITTED AT THE OLD BAILEY IN JULY AFTER A JUDGE SAID THAT THE OPINIONS OF MEDICAL EXPERTS WERE NOT ENOUGH TO CONVICT HER OF KILLING HER BABY ANAS."
REPORTERS TOM KELLY AND KATE LOVEYS; THE DAILY MAIL;
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PUBLISHER'S NOTE: Defence lawyer Michael says he very much hopes that a lesson will be learned from Saleha Khatun's ordeal because: 'In parts of the country a woman of impeccable character and mothering skills would have been comforted and allowed to grieve properly. 'In this jurisdiction, she was charged with murder. Her life has been on hold. Where the only evidence is one of experts, and they do not agree, they should not be prosecuted.'" However, I find it hard to understand why the British criminal justice system has not already learned this lesson from the all too many "expert-based" wrongful prosecutions, convictions and imprisonments of innocent, loving, bereaved parents and caregivers, many of which have been reported on this Blog, including Sally Clark, Lorraine Harris, Angela Cannings, Donna Anthony, Linda Wise, Keran Henderson, Suzanne Holdsworth, and Fatima Miah - and cases elsewhere in the world.
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"An 'impeccable' mother has finally been allowed to bury her baby son after spending 18 months wrongly accused of his murder," the December 23, 2009, Daily Mail story by reporters Tom Kelly and Kate Loveys begins, under the heading "Freed, the mother wrongly accused of killing her baby."
"A judge yesterday called for a review into cases involving infant brain injuries after hearing how Saleha Khatun was robbed of the chance to grieve for ten-month-old Mohammed after his death last June," the story continues.
"Mrs Khatun, who has always maintained her son died after falling out of bed and hitting his head, was due to stand trial for his murder next month.
Saleha Khatun was freed at the Old Bailey after being wrongly accused of murdering her ten-month-old son Mohammed
Prosecutors claimed that the 22-year-old, who is originally from Bangladesh, had caused his death by shaking him or by inflicting head injuries.
But she was dramatically freed at the Old Bailey yesterday after medical experts were unable to agree on how he came about his injuries.
Judge Richard Hone, who entered a formal not guilty verdict for Mrs Khatun after prosecutors offered no evidence against her, told the court yesterday:
'There is nothing I can usefully do except to express a regret that Mrs Khatun has been kept in a state of misery for this period.
'I would also like to know how many other cases of this nature there are and suggest they are managed more swiftly.
'These cases are very concerning to everyone. I don't like this business of delays. There must be a better way of progressing the investigations.'
Mrs Khatun, from Whitechapel, East London, was charged with murder in June following a year-long investigation.
But the case was dropped after six prosecution experts were unable to agree on what had caused the baby's injury, which led to bleeding and swelling of the brain.
Defence QC Michael Turner said: 'I very much hope a lesson will be learned from this case.
'In parts of the country a woman of impeccable character and mothering skills would have been comforted and allowed to grieve properly.
'In this jurisdiction, she was charged with murder. Her life has been on hold. Where the only evidence is one of experts, and they do not agree, they should not be prosecuted.'
He said he knew of or had been involved with six similar prosecutions over the past 12 months.
Richard Whittam, QC, prosecuting, told the court the decision to drop the case came after it was decided there was no realistic prospect of conviction.
Another mother, Fatima Miah, 27, was acquitted at the Old Bailey in July after a judge said that the opinions of medical experts were not enough to convict her of killing her baby Anas."
http://www.dailymail.co.uk/news/article-1238153/Freed-mother-wrongly-accused-killing-baby.html
Harold Levy...hlevy15@gmail.com;
