PUBLISHER'S NOTE: Excellent discussion on the so-called shaken baby syndrome - with an Australian perspective, published by Croakey Health media. An excerpt pn 'The Australian Perspective" follows:
Harold Levy: Publisher: The Charles Smith Blog;
-----------------------------------------------------------
PASSAGE OF THE DAY; "A recent series of reports and associated podcasts, which deserve a wide audience, entitled "Diagnosing murder: Is a medical ruining lives?, prepared by investigative journalist Michael Bachelard and his team, delve into the shaken baby syndrome. Bachelard's opening episode covers the trauma that the Melbourne parents of a nine-week old baby endured the the father was accused of deliberately harming their baby by violent shaking, Four years later, immediately prior to trial the prosecution withdrew the charges, In the meantime, great harm was done to the family. Subsequent episodes of the series present two other equally disturbing recent cases, the first also provoking allegations later withdrawn by the prosecution. In passing, it is important to acknowledge the open-mindedness of a prosecution service that reverses the decision to prosecute.. To us, this demonstrates a prosecution well-engaged with its serious responsibilities. The second case is arguably a wrongful conviction.""
--------------------------------------
ARTICLE: Weighing up the evidence and ethics on shaking baby syndrome, by Kerry Breem and and Stephen Cordner, published by Croakey Heath Media, on December 18, 2025.
INTRODUCTION BY CROAKEY: "Action is needed to address ethical issues surrounding the medical diagnosis of shaken baby syndrome, particularly when used to prosecute and convict cases of child assault, according to Dr. Kerry Breem AO and Dr. Stephen Cordner AM.
Below, Breem and Cordner, authors of Wrongful Convictions in Australia: Addressing issues in the Criminal Justice System, outline the history, evidence and ethics of shaken baby syndrome. which they say "was first suggested over 50 years ago, but remains unproven."
KERRY BREEM AND STEPHEN CORDNER WRITE "The 'shaken baby syndrome' remains, even after 50 years, an unproven hypothesis. Here we call for acceptance that its evidence base is weak and that action is needed to address the ethical issues surrounding its diagnosis.
While acknowledging the scourge of child abuse and the crucial need to identify and prevent, it is important to know that reliance upon this medical diagnosis alone to prosecute- let alone convict - parents or carers for assault is not scientifically sound.
A recent series of reports and associated podcasts, which deserve a wide audience, entitled "Diagnosing murder: Is a medical ruining lives?, prepared by investigative journalist Michael Bachelard and his team, delve into the shaken baby syndrome.
Bachelard's opening episode covers the trauma that the Melbourne parents of a nine-week old baby endured the the father was accused of deliberately harming their baby by violent shaking, Four years later, immediately prior to trial the prosecution withdrew the charges, In the meantime, great harm was done to the family.
Subsequent episodes of the series present two other equally disturbing recent cases, the first also provoking allegations later withdrawn by the prosecution.
In passing, it is important to acknowledge the open-mindedness of a prosecution service that reverses the decision to prosecute.. To us, this demonstrates a prosecution well-engaged with its serious responsibilities. The second case is arguably a wrongful conviction."
The entire article - following the above introductions - is well worth the read, and can be read at:
—————————————————————
DIAGNOSING MURDER: "Since the 1970s, shaken baby syndrome has been seen as a clear indicator of child abuse. But internationally over the past three decades, this medical orthodoxy has come under increasing scrutiny. A growing number of doctors, scientists, and lawyers has challenged the diagnosis, claiming it's been responsible for numerous miscarriages of justice. In Australia, though, these questions have barely been raised. Courts largely accept the evidence of influential experts. Children are being removed from parents, and convictions, and lengthy sentences often follow. Now, in Australia, dissenting voices have begun to emerge. They're suggesting our approach is dangerously flawed. Diagnosing Murder is a four-part investigative podcast series from The Age and The Sydney Morning Herald."
----------------------------------------------------------------
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
———————————————————————————————
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
-------------------------------------------------------------------
