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Experts call for change in
cot death inquiries
By Sandra Laville
(Filed: 31/01/2003)
Experts are calling for an overhaul of the way sudden
infant deaths are investigated after the
wrongful conviction of Sally Clark for murdering her two sons.
As Mrs Clark, 38, spent her first day of freedom with
her husband and their four-year-old child, those campaigning on behalf
of other women who claim they are victims of miscarriages of justice
said they were drawing strength from her victory.
A solicitor specialising in sudden infant death claimed
that six mothers currently in prison might be victims of similar
injustices.
John Batt, who was a consultant to Mrs Clark's legal
team, accused medical experts of going on a "crusade" to prove that many
cot deaths were murder.
Mrs Clark, a solicitor, was freed on Wednesday after
appeal court judges ruled that her conviction was unsafe. New evidence
showed that her eight-week-old son Harry could have died of natural
causes.
The judges said "serious questions" were raised about
evidence provided by a Home Office pathologist which helped to convict
Mrs Clark.
Mr Batt said it was becoming virtually impossible for
mothers accused of killing their babies to receive a fair trial.
"People don't realise how many cases like this there
are," he said. "I know of at least six similar cases. All the
circumstances are very similar.
"Hopefully what will come of Sally's case is that in
future these cases should not get anywhere near the criminal courts."
When she was freed by the Court of Appeal, Mrs Clark
vowed to help other mothers wrongly accused of killing their babies.
Referring to a fellow inmate at Bullwood Prison, Essex, she said: "My
promise that I will do all I can to ensure that justice is done for her
as it has been done for me still stands."
The woman, Angela Cannings,
was convicted last April of murdering her two sons, Jason, aged
seven weeks in 1991, and Matthew, aged 18 weeks in 1999.
At her trial, defence lawyers said the medical evidence
was speculative and no one could be sure the babies had not died from as
yet unidentified medical causes.
Mrs Justice Hallett, the trial judge, said having to
pass the mandatory life sentence on Cannings was "a classic injustice".
Cannings's husband, Terry, of Salisbury, Wiltshire,
said yesterday that Mrs Clark's release would give them hope. "I was so
pleased for Sally and her family and I'm not ashamed to admit I cried as
well, I was so pleased."
His wife is waiting for a court decision on whether she
can appeal.
Joyce Epstein, director of the Foundation for the Study
of Infant Deaths, said there should be a co-ordinated professional
approach to all sudden infant deaths.
"Unfortunately there is a current eagerness by some to
view all sudden and unexpected deaths with suspicion, particularly where
there is a second death in the family," she said.
"This is very hurtful to the thousands of innocent
bereaved families. Instead what is needed is careful and expert
examination of all infant deaths, at the time of the death."
The FSID is calling for only paediatric pathologists to
carry out post mortem examinations. It also wants a paediatrician to
visit families within 24 hours of a child's sudden death to take a
complete medical history.
Dr Alan Williams, the pathologist who the Court of
Appeal heard "kept secret" a medical report on Harry Clark that showed
he could have died from an acute bacterial infection, is being
investigated by the General Medical Council.
His case has been referred to the Preliminary
Proceedings Committee, which will decide whether there should be a full
hearing.
Prof Michael Green, who backed Dr Williams's findings,
is also being examined.
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