PASSAGE OF THE DAY: "Mrs Baxter, a member of the Royal Australian Air Force, said the pair met while serving in Afghanistan and described her husband as a loving father. 'He was loving. He was nurturing. He changed nappies, he bathed him. He comforted him, spent time with him,' she told the court. She never saw him frustrated or lose his patience with their son, the court heard."
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SYNOPSIS:
- Nicholas Baxter was in 2017 found guilty of manslaughter over the death of son
- Conviction was quashed on appeal and Mr Baxter found not guilty on Tuesday
- Six-week-old Matthew Baxter suffered rib fractures, brain haemorrhaging
- Doctors could not find any marks or injuries on the child's face, head or body
- Justice David North said the prosecution had failed to prove manslaughter:
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STORY: "Soldier who was jailed over the death of his baby son is CLEARED in retrial after judge rules there is no proof he caused the infants rib fractures and brain bleed," The Daily Mail (Australian Associated Press) reports. (Thanks to Dr. Robert Moles of 'Networked Knowledge' - an immense, influential international criminal justice resource loads with treasures - for bringing this story to our attention and providing a portion of the judge's ruling - on the duty of experts and the reliability of their evidence - at the following link:)
http://netk.net.au/BabyDeaths/Babydeaths9.pdf
GIST: A former Australian soldier accused of killing his six-week-old baby son has been exonerated after being found not guilty on retrial.
Nicholas Aaron Baxter was found guilty of manslaughter over the death of son Matthew in a Supreme Court trial at Townsville in 2017.
The conviction was quashed on appeal and Mr Baxter found not guilty on Tuesday in a judge-only trial.
Tiny six-week-old Matthew Baxter suffered rib fractures and brain haemorrhaging before he died in 2011.
Mr Baxter called Bluewater Medical Practice in Townsville on November 3, 2011, to report his son was 'limp and had a purple rash on his back'.
He had been looking after Matthew alone while his wife Tenae was on a course to get her boat licence.
The centre receptionist initially told him to bring the infant to the clinic before telling him to call an ambulance.
Matthew was taken to hospital where he was stabilised and placed in intensive care.
Doctors could not find any marks or injuries on the child's face, head or body, the court was told.
The baby never recovered and three days later was taken off life support and died on November 6, 2011.
Mrs Baxter, a member of the Royal Australian Air Force, said the pair met while serving in Afghanistan and described her husband as a loving father.
'He was loving. He was nurturing. He changed nappies, he bathed him. He comforted him, spent time with him,' she told the court.
She never saw him frustrated or lose his patience with their son, the court heard.
Medical evidence showed MRI scans indicated evidence of bleeding around the brain.
Forensic pathologist Dr David Williams conducted the autopsy and found Matthew sustained a head injury from a 'serious assault' - either by a violent shaking or by being thrown down onto a soft and yielding surface.
However, defence witness international radiologist Dr Julie Mack gave evidence the bleeding could have been caused by a genetic disorder.
Justice David North described the prosecution case as circumstantial which failed to 'shed light' on what acts caused the baby's death.
It relied heavily on the fact Mr Baxter was alone with his son before the injury.
'The Crown case depends, for proof (beyond reasonable doubt) of a non-accidental act or acts by Mr Baxter,' Justice North said.
'Nevertheless, what caused Matthew's collapse and death remains a matter of speculation.'
Justice North said the prosecution failed to prove manslaughter and found Baxter not guilty."
Thee entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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 found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
