A former day care owner could face up to five years in jail after she was found guilty of severely injuring a ten-month-old baby, giving him brain damage.

Magistrate Tyrone Chin found Jacquelyn Fubler, 28, of Pearman's Hill West, Warwick guilty of causing grievous bodily harm to Stephen Ebbin on July 6, 2001.

Fubler, the owner of the former Noah's Ark Day Care Centre in Warwick, was supported by family members and defence lawyer Mark Pettingill who gathered around her as Mr. Chin read his verdict yesterday.

"The court has no reason to disbelieve the oral evidence heard about Stephen Ebbin's injuries," said Mr. Chin as he handed down the verdict.

Fubler was committed to the Supreme Court where she faces a maximum sentence of five years. Mr. Pettingill told the court that he would be appealing the conviction on the basis of legal errors.

Fubler, a mother of two, left the court room escorted by prison officers saying loudly "God is great, God is great".

After waiting for more than three years to see the case come to trial, the Ebbin family shook hands with Crown counsel Shakira Dill.

Stephen's mother Theresa Ebbin told that despite the stress of the last several years Stephen is now a healthy four-year-old attending Warwick Pre-school. Ms Ebbin said she was struggling to forgive Fubler and that it was a challenge as Fubler never showed remorse for her actions during the trial.

"She hasn't apologised or offered any assistance," said Ms Ebbin. "I want to say that I have forgiven her but I am human. It's a challenge, but I think it will come in a matter of time."

In a March interview with family members, Ms Ebbin told she took her son to Fubler's Noah's Ark Day Care Centre in Warwick for the first time just days before he was injured.

She suspects that Fubler inflicted the injuries on Stephen because the child, frightened at being away from his mother for the first time, would not stop crying. In the days leading up to the trial, Ms Ebbin said what hurt her was Fubler's stoic reaction and the fact that she did not apologise or express any remorse for her actions.

During the initial trial, Stephen's paediatrician ? Dr. Alexander Barron ? testified the boy had an internal brain injury consistent with being shaken back and forth at a high velocity. He told the court blood vessels in the child's brain had burst, a classic indication of shaken baby syndrome.

Earlier this year, Fubler first pleaded guilty to injuring Stephen but not to giving him injuries associated with shaken baby syndrome. She was sent to the Supreme Court for sentencing, however, the case was then sent back to Magistrates' Court for retrial to determine how the injuries had occurred.

During the retrial last week, Mr. Pettingill raised questions over how the injuries occurred and pointed out that Dr. Barron was not a specialist on internal brain injuries.

Mr. Pettingill said Stephen had also been in the care of family members over the three-day period in which the injuries were said to have occurred and it could not be certain who had inflicted the injuries.

Ms Ebbin said it was difficult for her hear these statements in the court, but she had faith that justice would be served on behalf of her son.

"I let them do their job, either way I felt justice would be served and I had faith in God that things would work out for the best," she said.

Medical evidence presented during the trial showed that scans of Stephen's brain taken after the assault showed there was permanent fluid on his brain, and had caused Stephen's head to swell.

The court was also shown photographs of dark crimson bruises on Stephen's arm and legs and a cut on his lip, said to be inflicted by Fubler.

Stephen had to be flown to Children's Hospital Boston and was found by doctors to have a left-sided chronic facial seizure associated with head trauma.

After the incident, Stephen had to be taught the basics of speaking and walking all over again and must still take regular speech therapy lessons.

The case sparked widespread review of existing day care services on the Island and forced Government to increase its vigilance in regulating and inspecting home day care centres.