Life at the Bar – Three is Murder part 2.

The trial was to take place at the Old Bailey and the Crown main’s evidence was that of the Professor. Although he had never seen Enid he wrote a full report on her and the dead children, dismissing the results of the post mortems and concluding she had murdered all three children. The silk leading me wasn’t over impressed but he didn’t think we could object to the report being presented to the court. We also sought the advice of one of the most experienced forensic pathologists in the country. He thought the Professor’s report was probably correct. We had a conference with him to try and see if there was any way of disputing it. One of the features of the case was that all the children were very premature.   Fountain Court

‘Is it possible that being born prematurely would make them more susceptible to being the victim of SIDS?’ I said. I asked the question because I had been recently diagnosed with late onset asthma and my GP had asked me if I was premature. When I confirmed I was, she said there was a link between poor lung function and asthma. Also a friend of mine had a young child who was very premature and I knew he still had a number of problems.

‘The children wouldn’t have been discharged from hospital if there had been any risk,’ the pathologists said. The QC nodded his agreement.

It began to look as if there would be no defence to the case. However the psychiatrist’s report from the secure unit described Enid as having an IQ of 65, very low indeed. Additionally she had no sense of reality and confabulated all the time. That meant she told lies and she remembered her lies better than the truth. Their view was that her admissions to the social worker and the police were unreliable. Without the admissions the prosecution case was reliant on the Professor who didn’t examine either the children or Enid and was in conflict with the evidence of the pathologists who had carried out the post mortem.

The prosecution had their own psychiatrists examine Enid and they too came to the conclusion the admissions could not be relied on. The prosecution was dropped and Enid acquitted on all three counts of murder.

That wasn’t the end. When Enid gave birth to her fourth child the baby was taken into care and the subsequent care proceedings in the Family Courts confirmed that decision. The judge found on a balance of probabilities she had killed her children, but of course he was relying on the Professor’s theory which has been discredited.

So did she kill her children? What about the low IQ of both Enid and her husband? In addition the children were all born prematurely; what role did that play? Both Enid and her husband smoked – a known factor in SIDS. Then they were very poor and that too may have meant Enid could not afford the new mattresses, a recommendation to reduce the risk of cot deaths. Enid was probably incapable of raising a small child but a finding of killing your child must be very difficult to recover from.

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About scribblingadvocate

Born in Lancashire, Law degree from Sheffield University and MA in Creative Writing from Exeter. A barrister for twenty five years, who appeared in the Crown Courts in and around London until I retired and moved to live on Dartmoor. Married, no children but own an affable Springer Spaniel. I love reading and have written a novel called Crucial Evidence set in London Legal

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