Childminder trial told by expert its dangerous to say injury occurred at certain time

By Declan Brennan

A UK neuropathologist has told the trial of a child-minder charged with assaulting a baby that shaken baby syndrome has no scientific validation.

Registered child-minder Sandra Higgins (34) is alleged to have caused the injuries to the 10-month-old baby she was minding at her home. The trial has reached it's final stages and closing speeches will be made before the jury tomorrow (Tuesday).

Ms Higgins of The Beeches, Drumgola Wood, Cavan Town, has pleaded not guilty at Dublin Circuit Criminal Court to intentionally or recklessly causing serious harm to the baby on March 28, 2012.

On day five of the trial defence witness Dr Waney Squier told Sean Gillane SC, prosecuting, that she supported the diagnosis of shaken baby syndrome up to 15 years ago.

“Only 15 years ago I too was making the diagnosis of shaken baby syndrome. I too was a believer in the belief that so many people in the area of child abuse believe in. I then began to question this,” she said.

She said she questioned it when a number of elements that supported the diagnosis were overturned by research. She said she began studying the scientific literature on the subject in great detail.

“I looked at many many cases of shaken baby syndrome...I could no longer agree that this was a syndrome that had any scientific validation. I came to the view that I could not be sure this is a real syndrome,” she said.

She refuted a suggestion from Mr Gillane that this represented a fixed view on her part. She said she has changed her mind in relation to the issue.

“We all have to be careful. We have to keep our minds open. I’ve changed my mind already,” she said.

She told Remy Farrell SC, defending, that there was evidence of a pre-existing sub-dural haemorrhage in the child. She said this pre-existing condition would manifest in the baby's head size, or the baby being irritable, not wanting to feed, loosing weight or vomiting.

She said there were documented cases of babies who had inflicted injuries experiencing a “lucid interval” or a period of time after a head injury when a baby may be perfectly normal. She said in this case there was evidence of older damage.

“I think it is very dangerous to say because the child collapses at a certain time we know when the injury occurred,” she said.

The trial at Dublin Circuit Criminal Court continues before Judge Patricia Ryan and a jury of eight men and four women. There is a court order prohibiting publication of the child's name.