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I'm not looking for a broader discussion on cot death but some aspects of this certainly have a Fortean feel:
1. It is something we know very litle about and what may be a wide range of causes of death seem to have been lumped together under one umbrella.
2. A large number of people have been convicted (and their children taken into care) on the say so of a scientist - his whole conclusion was anti-science. What he essentially said was that the chance of one or more cot deaths in a family was highly unlikely when he should have said we don't know enough. In fact this should have indicated to him that there may have been a genetic component that was causing some o fthes ecases.
3. It seems to me (although I'm not sure of the numbers) that the mother seems to be disproportinately blamed for this when there is rarely any evidence to suggest which (if any) parent was responsible (if in fact anyone was).
In some ways it stirkes me more something along the lines of Satanic Ritual Abuse or witch trials and certainly impinges on unquestionably relying on 'experts' (as an earlier incident where a forensic scientists work was shown to be fundamentall flaed and a huge number of cases had to be reviewed).
Or am I mistaken?
For thsoe not up with the news in the UK:
and:
Emps
1. It is something we know very litle about and what may be a wide range of causes of death seem to have been lumped together under one umbrella.
2. A large number of people have been convicted (and their children taken into care) on the say so of a scientist - his whole conclusion was anti-science. What he essentially said was that the chance of one or more cot deaths in a family was highly unlikely when he should have said we don't know enough. In fact this should have indicated to him that there may have been a genetic component that was causing some o fthes ecases.
3. It seems to me (although I'm not sure of the numbers) that the mother seems to be disproportinately blamed for this when there is rarely any evidence to suggest which (if any) parent was responsible (if in fact anyone was).
In some ways it stirkes me more something along the lines of Satanic Ritual Abuse or witch trials and certainly impinges on unquestionably relying on 'experts' (as an earlier incident where a forensic scientists work was shown to be fundamentall flaed and a huge number of cases had to be reviewed).
Or am I mistaken?
For thsoe not up with the news in the UK:
Wider cot deaths review considered
Thousands of parents whose children were taken into care may have their cases re-opened as part of a wider review of cot death legal cases.
Solicitor General Harriet Harman told MPs a review of civil proceedings under family law - believed to number up to 5,000 cases - was being considered.
On Monday it was announced the cases of 258 parents convicted of killing their children would be studied.
Doubt has been cast on evidence given by expert witnesses who suggested the children did not die naturally.
COT DEATHS REVIEW
258 criminal cases identified
54 involve women in prison - top priority
Plus 15 cases awaiting trial - CPS to advise
Plus family cases to be identified
Ms Harman said: "In family cases, what's happening is there's a consideration how to go about a review.
"We will make sure that we recognise that not only injustices done in the criminal justice system but any potential injustices in care proceedings are identified and acted on.
"We bear in mind the absolute, utmost gravity and seriousness of those whose injustice is not in the hands of the criminal justice system but as a result of the family justice system."
Talking about the review as a whole, she told MPs it was a "serious, but not chaotic" situation and a fast-track process would deal with urgent criminal cases.
We had not been interviewed by him. We did not even know who he was
Mother whose daughter was taken into care after evidence by Sir Roy Meadow
She said Attorney General Lord Goldsmith would meet the chairman of the Criminal Cases Review Commission on Friday to discuss the review of infant death cases.
Cases involving people in prison and those which relied on expert evidence will be fast-tracked to appeal or to the review commission.
In a separate development, Director of Public Prosecutions Ken Macdonald QC said he would take personal charge of reviewing 15 cases which have yet to come to trial.
And Home Secretary David Blunkett welcomed the review as a chance to check "what the extent of the problem has been".
The Appeal Court sparked the process on Monday while giving the reasons for its decision last month to clear Wiltshire shop assistant Angela Cannings of murdering her two sons.
The judges said parents should not be prosecuted when it was possible their children had suffered cot death.
A total of 258 parents convicted of killing a child under two years old will have their cases studied.
Death theory
Attorney General Lord Goldsmith, who announced the review, answered questions about it in the Lords on Tuesday.
It is estimated about 5,000 children have been taken from their parents in the past 15 years on the suspicion that an infant has been smothered.
Some of these children were taken as a result of a controversial theory by paediatrician Sir Roy Meadow, which has been questioned by recent criminal cases.
There are some expert witnesses who when they stand up in court bring with them a very strong persuasive element to their evidence
Dr Chris Pamplin
UK Register of Expert Witnesses
His theory of Munchausen's Syndrome by Proxy is that some mothers harm their children to draw attention to themselves.
But in three separate appeal cases last year that involved his evidence, mothers were acquitted of murdering their children and released from prison.
Another parent, who cannot be named for legal reasons, told BBC Radio 4's Today programme her daughter was taken from her at birth because she was suspected of smothering her first baby son.
She called for a review of her case so that her daughter, now aged four, could be returned to her because she was "moved unnecessarily".
Graham Zellick, chairman of the Criminal Cases Review Commission, told Today convictions which had relied solely on disputed medical evidence would be deemed unsafe.
But he said he had no idea how many cases fell into that category.
Dr Chris Pamplin, the editor of the UK Register of Expert Witnesses, said some expert witnesses were adept at persuading a court about the strength of their evidence.
What is your view on this story? Have you been affected by cot death? Add your comments using the form below:
Your comments:
These cases show there is a serious flaw in the so called expert witnesses. Women who had had their children taken away must be suffering. Not all women accused are innocent but a great majority are. How can you they prove cot-deaths when nobody knows what cause them? What about these adult sudden death syndrome, surely this is the same thing?
E Reade, Cardiff, South Glamorgan
I have followed the extraordinary story of Professor Sir Roy Meadow for some time and I'm delighted that the parents whose lives he has ruined will at last get some justice, though the misery they have suffered and the years they have lost can never be compensated.
Ken, London
Maybe if it happened to them they might understand how people feel. It's bad enough having to lose someone who you carried around for 9 months then went thought the pain of labour but to be found guilty of murdering them is unbelievable. Let the parents greave for their baby. Surely by now the doctors can tell the difference between natural causes and murder. I thought we have progressed with medicine from the programme I watched the other week, the doctors still don't have a clue
Lorraine Howarth, Manchester, UK
Parents with children who have ME/CFS have also been subjected to these accusations of Munchausen's Syndrome by Proxy. Some children have had care proceedings taken out against them. They have been made wards of court, removed from their families, subjected to inappropriate treatment and management regimes which have damaged them further, physically and emotionally. Families have no option but to remain silent if served with an injunction. These cases too need to be reviewed.
Barbara Robinson, Ipswich, Suffolk
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/uk/3412307.stm
Published: 2004/01/20 17:37:21 GMT
© BBC MMIV
and:
Accused of abuse, but never tried
Mothers Sally Clark and Trupti Patel found themselves in the dock accused of murdering their babies partly on the strength of expert testimony by Sir Roy Meadows. But other families have been forcibly separated thanks to Sir Roy's testimony without police charges ever being brought.
The jury at Trupti Patel's trial took just 90 minutes on 11 June to discount the prosecution's case that the 35-year-old had caused the deaths of her three baby sons between 1997 and 2001 - an allegation partly based on the expert medical opinion of paediatrician Sir Roy Meadow that three such unexplained deaths in one family was "very unusual".
There was no jury to find in favour of Maxine Carter [not her real name] in 1999 when Sir Roy helped convince a judge at a family court that she had tried to poison her baby daughter. All four of Maxine's children were immediately taken into care - with the youngest two being put up for adoption - even though police never pressed charges for the alleged poisoning.
Never charged
"If someone gave that tablet to my daughter, I want them to be arrested and charged," says Mrs Carter, who found herself facing civil proceedings to wrest her children from her rather than a criminal trial.
Maxine's husband, Will Carter, has a theory why this should be so. "I think they know that if our case went to a criminal court, they'd be found wrong and end up with egg of their faces."
The Carters joined other couples accused of killing or abusing their children who gathered yesterday for a demonstration outside the high court in London to protest against the influence of expert witnesses in deciding such cases.
Many, including the Carters, donned symbolic cloth gags, since they cannot be photographed or publicly named because the family court fears their being identified will impact on the children taken from them and resettled elsewhere.
The Carters' ordeal began when their 16-month-old daughter suffered a stroke and several heart attacks. Six months later, though the girl had recovered, a urine sample dating from her period of sickness tested positive from a drug prescribed to one of the couple's older children.
Decisive testimony
"The little tablets were beige and we had a beige carpet. The baby must have found one - which look a bit like Smarties - and put it in her mouth," says Mr Carter.
Both sides agreed that Sir Roy should be brought in to look at the case.
"We were told he was the top guy, so we thought: 'Great! He'll know what a big cock up this has been,'" says Mr Carter.
Juries are [not] the right people to decide these things as they can be swayed more easily by the mother standing in front of them
Eleanor Platt, QC
However, Sir Roy diagnosed Mrs Carter as suffering Munchausen's Syndrome by Proxy - a condition he first identified, in which mothers harm their children as a way to attract attention to themselves. The judge was told the child had consumed up to 12 tablets - a dose Sir Roy said the baby was unlikely to have taken herself accidental. The Carters say the number of tablets taken is disputed, and could have been just one.
"It was my word against his. Who is the judge going to believe, a parent or a health professional?" says Mrs Carter.
Karen and Mark Haynes [not their real names] also say Sir Roy's testimony to a family court swung the judgement against their plea that Mrs Haynes had not smothered to death her baby son and that the couple's newborn child should not be taken into care.
"Meadow was the most convincing of the witnesses in court, perhaps because he has had so much practice. Though other experts said our baby had not been killed, the judge believed him," says Mr Haynes.
Are juries better?
A leading barrister says family court proceedings are far better at weighing complex medical evidence than the criminal court Trupti Patel faced.
Eleanor Platt, QC - who sits in the family court and is president of the Medico-Legal Society - says she does not think "juries are the right people to decide these things as they can be swayed more easily by the mother standing in front of them".
She says that judges sitting on civil family courts are there to ensure the welfare of children, and not to prosecute the parent - a role for the Crown Prosecution Service and the criminal courts.
"Being a civil court there is a different standard of proof," says Mrs Platt. Where juries must belief a guilt "beyond reasonable doubt", family court judges must consider the "balance of probabilities".
While the unexplained deaths of infants are rare, family court judges are experienced in hearing medical testimony on abuse cases and seek the widest spectrum of opinion to help decide what care is best for a child, she says. In the case of the Carters and the Haynes, this meant the judges took note of Sir Roy's opinions.
The criminal cases of Trupti Patel and Sally Clark (who was wrongly imprisoned for three years for murder after cot death claimed her two sons) has brought Sir Roy's decisive testimony into question, but so far only the evidence he gave in criminal proceedings is to be re-examined. This will not help reunite the Carters or the Haynes with their children.
"We need to change the family court system," says Mr Haynes - whose daughter was taken into care just 25 minutes after being born. "We've lost one son to sudden infant death syndrome and we are destined to remain childless for the rest of our lives unless we speak out against this injustice."
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/uk/3032336.stm
Published: 2003/07/01 10:37:50 GMT
© BBC MMIV
Emps