Appeals Court considers shaken baby case
A man sentenced to spend the rest of his life behind bars for the murder of his six-month-old baby daughter, is appealing his conviction.
Karim Shaheed Salahuddin, 28, was found guilty in October last year to murdering his daughter, who according to expert medical testimony, had died due to shaken baby syndrome.
Injuries included massive bleeding to her brain and eyes, various bruises, multiple fractures to her ribs and a hairline fracture to the front of her skull.
Throughout the emotional four-week trial, Salahuddin insisted he had been carrying the six-month-old Cassidy in a pumpkin seat, when he slipped and fell on a steep driveway at his home. He claimed the seat, with baby inside, rolled down the asphalt driveway.
In the Appeals Court yesterday, Salahuddin?s overseas counsel, John Perry QC, questioned testimony in the trial from a shaken baby syndrome expert, Dr. Randell Alexander.
Dr. Alexander had given a demonstration during the trial in which he violently shook a doll and banged its head down on the witness stand numerous times, turned it around and repeated the bashing.
Mr. Perry said while Salahuddin admitted to Police that he had slapped baby Cassidy and shaken her, it was only done in an attempt to revive her after the fall.
Arguing that Dr. Alexander?s evidence was inadmissible, Mr. Perry said: ?He was using his position as an eminent scientist and then proceeded to hoodwink the jury.?
To strengthen his argument, Mr. Perry played an ABC Primetime special in court for judges to see exactly what the ?demonstration? was that Dr. Alexander gave.
Afterwards Mr. Perry also argued that medical opinion is divided as to what type of injuries are caused by shaking a baby as no scientific research has been conducted.
Appeals Judge Sir Anthony Evans said he could see how Dr. Alexander would violently shake the doll to show shaken baby syndrome, but did not see the relevance of him slamming the doll against furniture as this was not part of the prosecution?s case.
In response, the Director of Public Prosecutions Vinette Graham-Allen said that was just what Dr. Alexander did in all his demonstrations, it was his ?modus operandi?.
But Justice Sir Evans once again replied that if the demonstration was sufficient to cause multiple skull fractures, it went outside of the case.
He said another key witness in the trial, forensic pathologist Dr. Valerie Rao gave evidence that baby Cassidy had a ?hairline fracture? to the frontal lobe, yet later talked about multiple fractures and was never corrected.
Justice Sir Evans also questioned the DPP about Dr. Alexander?s statement in his evidence that ?great force? was needed, as opposed to ?rough handling? to cause the injuries described in the trial.
He also pointed out that Dr. Alexander disagreed with Dr. Rao and another doctor in the trial who stated that even a mild shaking could lead to shaken baby syndrome.
Ms Graham-Allen responded that Dr. Alexander had admitted that the demonstration was ?dramatic?, but wanted to show the jury how much force was needed to produce these internal injuries.
Mr. Perry is asking the Appeals Court for either a total quashing of the conviction, or a re-trial, during which time he would present fresh evidence.
The case continues today.
