Friday 29 November 2013

FILICIDE (multiple): UK: Mairead Philpott loses appeal against 17-year sentence for manslaughter

Hearing in case of woman convicted with her husband Mick of killing her six children in a Derby house fire was broadcast on TV

Mairead and Mick Philpott made a TV appeal to find the killers of their children, despite having committed the crime themselves. Photograph: Rui Vieira/PA
Mairead Philpott, who was jailed in April for killing her six children in a house fire in Derby, has had her 17-year sentence upheld by the appeal court.
The hearing was the court's first case outside London to be shown live, with a 70-second delay, on television and websites.
Despite losing the first round of her attempt to challenge the length of her sentence, her lawyers succeeded in making a renewed application.
Mairead Philpott was not visible in court. The regulations covering court of appeal broadcasts, which began last month, require cameras to focus only on the judges and lawyers who are presenting their arguments. The feed is on a 70-second delay to prevent any disturbances being broadcast.
The new lord chief justice, Lord Thomas, who is keen to take appeal court sittings outside London, was one of three judges on the bench.
Announcing the court's decision, Thomas said that although Mairead Philpott was under the control of her domineering husband, she was on occasions capable of standing up to him. She had, however, chosen to support his plan to set fire to the house and blame it on her husband's former mistress.
Richard Latham QC addresses the court of appeal, sitting at Nottingham crown courtRichard Latham QC addresses the court of appeal, sitting at Nottingham crown court – the first time an appeal court hearing outside London was broadcast live. Photograph: PA
"This was not a spur of the moment plan," Thomas said. "It was one that had been carefully and deliberately thought out. The risks of pouring petrol inside a building and setting it alight must have been obvious. Her children were upstairs. She actually participated in setting the fire."
Mick Philpott was jailed for life with a minimum term of 15 years after being branded a "disturbingly dangerous" man.
The broadcast was cut short after the decision upholding her sentence was announced, when applause and clapping erupted in court.
Before the hearing the courts minister, Shailesh Vara, said: "This is another landmark day for justice. For the first time cameras will be able to live broadcast a court hearing outside of London.
"It will give people across the country the opportunity to see and hear the decisions of judges sitting in Nottingham, which is a significant step towards achieving our aim of having an open and transparent justice system.
"Justice must be seen to be done and today marks another important step towards opening up the court process to bring justice closer to the public.
"However, we will always balance the need to make the justice system more accessible with the needs of victims and witnesses. That is why we will ensure that throughout the court process, they will not be filmed."

Thursday 28 November 2013

FILICIDE ?: Alberta: After a short life and a long legal battle, ‘Baby M’ dies in Edmonton hospital

 |  | Last Updated: 21/09/12 11:27 AM ET
More from Jen Gerson | @jengerson
An examination room at Stollery Children'­s Hospital. 27-month-old "Baby M" was on life support at the hospital as a legal battle raged on over her case.
Bruce Edwards/Postmedia News filesAn examination room at Stollery Children'­s Hospital. 27-month-old "Baby M" was on life support at the hospital as a legal battle raged on over her case.

'Baby M' dies in Edmonton hospital after short life, long legal battle

CALGARY — A two-year-old Edmonton girl allegedly abused by her parents has died after the Supreme Court of Canada rejected a request to keep her on life support.
Sources confirmed that the toddler died Thursday night at the Stollery Children’s Hospital in Edmonton after being removed from a ventilator.
The parents, facing child-abuse charges and being held at the Edmonton Remand Centre, had asked the Appeal Court of Alberta that they be allowed to visit their daughter one last time.
“My understanding is that [the parents] have been taken to the hospital and were allowed 20 minutes, as per court order,” said Michelle Davio, spokeswoman for Alberta Justice. “They were separate visits.”
Earlier in the day, the parents of Baby M lost a last bid to keep their daughter on life support — and avoid being charged with her murder.
The Supreme Court of Canada rejected their request for an emergency stay, which would have kept the toddler alive long enough for the court to hear an appeal of the Alberta Court of Appeal’s decision to let the girl die.
The sanctity of human life is one of the core values of our society and justice system, but life is not without end
The two-year-old has been in a vegetative state for months, ever since paramedics were called to her Edmonton home on May 25 to find her emaciated — she weighed only 13 pounds — and with a head injury. Her twin sister was also malnourished, at 16 pounds.
The sister is now in foster care, as is an older brother, who had also been living in the home but wasn’t injured.
Her 34-year-old parents are charged with aggravated assault, criminal negligence causing bodily harm and failing to provide the necessities of life, charges that are likely to be upgraded now that the child has died.
Doctors told the courts Baby M was virtually brain- dead with no hope of recovery.On Wednesday, the Alberta Court of Appeal denied the parents’ request to keep the toddler on life support.In his judgment, Justice Frans Slatter confirmed the lower court’s decision, saying there were no overriding legal concerns that should obstruct the child’s best interest, which is to let her die. Upon review, we cannot see any error in that previous decision that would warrant interference by this court,” the judge said.“The sanctity of human life is one of the core values of our society and justice system, but life is not without end.”The parents, who cannot be identified, filed a motion with the Supreme Court of Canada asking it to intervene. They said love and their religion — they are Muslims — demanded they keep the child alive.They did, however, sign a do-not-resuscitate order if her heart failed.Muslim scholars have questioned the couple’s reasoning, claiming Islam does not mandate extraordinary measures to keep people in vegetative states alive.
Carissima Mathen, an associate professor who specializes in constitutional law at the University of Ottawa, said there was an argument for keeping the child alive long enough to hear the case. However, the court does not have to explain why it would not hear the appeal.
Tim Caulfield, a specialist in health law and policy at the University of Alberta, said the previous rulings were all sound.
“The decision was so sensible. [The judge] touched on all the factors, the religious belief issue, she touched on the potential conflict of interest issue. At its core, this was really about the best interest of the child and she really kept the focus on there,” he said.
Denied bail after their arrest.
National Post, with files from The Canadian Press
=================================================

November 28, 2013, 
The Supreme Court of Canada will not hear an appeal in the case of an Alberta child who was taken off life support over the objections of her parents, who were charged in her death.

After the two-year-old known as Baby M was removed from her home in May 2012, doctors declared her to be permanently comatose and recommended removing life support.


Her parents, who were charged with assault and criminal negligence in the case, fought the decision in court, citing their love for the child and their religious beliefs.

The courts sided with the doctors and the Supreme Court refused to stay the Alberta court order.

The child died shortly afterwards and her parents were charged with second-degree murder and criminal negligence causing death.


As usual, the Supreme Court gave no reasons for refusing to hear the appeal.

INFANTICIDE: UK: Emma Wilson 'battered her baby son then took pictures of his injuries before she murdered him'

On trial: Emma Wilson, 25, is accused of repeatedly beating her 11-month-old son before killing him







Emma Wilson, 25, who is on trial at the Old Bailey for the murder of her 11-month-old son Callum, today told a jury his 23-month-old brother is responsible for inflicting the injuries that led to his death. Callum was taken to John Radcliffe Hospital in Oxford in March, 2011, with a detached retina, which had caused him to lose his sight. He had multiple fractures and bruises all over his body, and died two days later. The trial continues.

Tuesday 26 November 2013

INFANTICIDE: Canada: Meredith Borowiec guilty of infanticide for leaving babies in dumpster

Calgary mother told police she left 3 newborns in garbage at separate times

CBC News Posted: Nov 26, 2013 2:15 PM MT Last Updated: Nov 26, 2013 5:17 PM MT
Meredith Borowiec was charged with attempted murder after a newborn baby was found alive in a dumpster near her home. Today she was found guilty of infanticide in the deaths of two other babies.
Meredith Borowiec was charged with attempted murder after a newborn baby was found alive in a dumpster near her home. Today she was found guilty of infanticide in the deaths of two other babies. (CBC)
Meredith Borowiec, who told police she left three of her newborns in dumpsters, was found guilty today in a Calgary court on two counts of infanticide.
The Calgary woman, who is in her early 30s, will be tried on an attempted murder charge at a later date.
Charges were laid against Borowiec​ after a baby was found alive in a dumpster near her house in 2010. While being interrogated by police, she told them she had previously abandoned two other babies in dumpsters.
She had been charged with two counts of second-degree murder in relation to the deaths. 
Court of Queen's Bench Justice Peter McIntyre said Tuesday there was evidence to suggest the mother's mind was disturbed after giving birth, so a murder conviction wasn't warranted. 
si-dumpster-baby-calgary-220
A Calgary woman was found guilty of two counts of infanticide, after leaving her newborns in a dumpster. She is still facing a third charge of attempted murder. (CBC)
"Justice McIntyre gave a very well-reasoned decision and the long and short of it is Ms. Borowiec was convicted of wilfully killing two newborns," said Crown prosecutor​ Jayme Williams.
"It's a difficult case, there were no bodies found and we were going on the admissions she made to police."
During a police interview, Borowiec said she had given birth to babies in 2008 and 2009. She said in both cases she wrapped the babies in a towel, placed them in a garbage bag and put them in a dumpster.
Their bodies were never recovered.
She said that in all three cases case she hid the pregnancy from her long-time partner. 
In July 2012, while in custody at the Southern Alberta Forensic Psychiatric Centre, Borowiec gave birth to a fourth child. That baby, a boy, was given up for adoption. 
Borowiec will remain on bail pending sentencing.

FILICIDE: India: more on Nupur Talwar

  • Aarushi Talwar was found with her throat slit at the family home in 2008 
  • A day later, the body of the family servant, Hemraj, was discovered
  • Rajesh and Nupur Talwar were convicted in a local court in Ghaziabad
  • The couple could face the death penalty
Murdered
Murdered: Aarushi Talwar was found with her throat slit at the family home in 2008
An Indian court on Monday found a dentist couple guilty of murdering their 14-year-old daughter and a servant five years ago, in a dramatic finale to a case that transfixed the country and tapped unease on both sides of the rich-poor divide.
Aarushi Talwar was found with her throat slit at the family home in Noida, an affluent town of new shopping malls and offices near Delhi, in 2008.
A day later, the body of the Nepalese family servant, Hemraj, was discovered.
Rajesh and Nupur Talwar were convicted in a local court in Ghaziabad, near Noida, and remanded in custody ahead of sentencing on Tuesday - they could face the death penalty.  
Early in the investigation, police alleged Rajesh had murdered his daughter and servant in a rage after finding them in a compromising situation - the kind of crime more often associated with rural, conservative parts of India where 'honour killings' are not uncommon.
Naresh Yadav, a lawyer present in court, told reporters waiting outside that the couple and members of their family broke down in tears when the verdict was read out.
But the case was plagued with blunders from the start.
In the hours after Aarushi, was found dead in her bedroom, police named Hemraj as the prime suspect. 
They even dispatched a team to Nepal to look for him. 
But the housekeeper wasn't missing - his body was discovered lying on a terrace above Aarushi's room. It had been there the whole time. 
The Talwars came under suspicion early on, and police said the manner of the girl's death suggested she was killed with surgical precision, a clear nod to the Talwars' medical profession. 
Charged: Rajesh Talwar, right, and his wife Nupur, center, are driven away by Indian police outside a court after their trial yesyterday
Charged: Rajesh Talwar, left, and his wife Nupur, centre, are driven away by Indian police outside a court after their trial yesterday
'The way in which Aarushi's throat was cut points out that it was the work of some professional, who could be a doctor or a butcher,' a top police official, Brij Lal, told reporters in 2008. 
Police have offered several possible motives, including an honour killing. 
Although authorities questioned other possible suspects, the case stalled. 
In 2011, the Talwars demanded a fresh investigation.
Nupur Talwar being taken to a CBI court from jail in Ghaziabad
Rajesh Talwar and Nupur Talwar arrive at a court for a hearing in connection with CBI's closure report
Suspicion: The Talwars came under suspicion early on, and police said the manner of the girl's death suggested she was killed with surgical precision, a clear nod to the Talwars' medical profession
Crime scene photo:
Crime scene photo: In the hours after Aarushi, was found dead in her bedroom, police named Hemraj as the prime suspect
Denial
Denials: Both parents were later charged, but the Talwars always denied the murder and blamed sensational media coverage for demonising them and damaging their defence
Both parents were later charged, but the Talwars always denied the murder and blamed sensational media coverage for demonising them and damaging their defence.
They also described a Kafkaesque trail of botched police operations, arrests, 'truth serum' tests and contradictory rulings by different investigative bodies.
Much has been made in the media of the fact that the Central Bureau of Investigation (CBI), India's federal detective agency, relied on circumstantial evidence to pursue the Talwars.
R.K. Saini, representing the CBI, defended the prosecution.
'There were so many circumstances that proved that no one could have committed the murder other than the two accused,' he said.
Scrutiny:
Scrutiny: Indian police guard the entrance of a court during the proceedings
Captivating:
Captivating: It is a dramatic finale to a case that transfixed the country and tapped unease on both sides of the rich-poor divide
'The court has convicted them after going through the chain of circumstantial evidence.'
Rebecca John, one of the lawyers representing the Talwars, said they would appeal the ruling in a higher court.
'We are deeply disappointed, hurt and anguished for being convicted for a crime that we have not committed,' the Talwars said in a statement. 'We refuse to feel defeated and will continue to fight for justice.'
Horrific crime stories are common in India and many involve caste or class.
Support:
Support: Friends and supporters gather with placards and lighted candles around a picture of Aarushi Talwar during a rally in New Delhi
But the Aarushi case, in which police named Hemraj as the murder suspect before his body was found, resonated with the rapidly expanding number of well-off families who fret that their wealth makes them vulnerable to violence.
Dipankar Gupta, a sociologist at Shiv Nadar University in Uttar Pradesh - the state where Noida is located - said the case highlighted how domestic staff were frequently abused by employers in India.
'But at least now there is some progress and people are talking about it,' he said.
Newspapers this month reported the case of a wife of a member of parliament who allegedly tortured a maid to death at her home in Delhi.
Security footage last week of a machete attack on a bank employee withdrawing cash from an ATM in Bangalore to pay for her child's birthday party was played repeatedly on news channels.
She was partly paralysed and the attacker is at large. 


Read more: http://www.dailymail.co.uk/news/article-2513666/Indian-couple-guilty-murdering-daughter-14-servant-45.html#ixzz2lkwhV840
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Monday 25 November 2013

FILICIDE: India: Doctor Nupur Talwar found guilty

Indian defendant Rajesh Talwar (L) heads to court in Ghaziabad, some 30 kms east of New Delhi, on November 25, 2013

The Talwars (Rajesh Talwar is on the left) accused the police of mishandling the case

Related Stories

An Indian couple have been convicted of murdering their daughter Aarushi Talwar and their domestic servant, Hemraj.
The 14-year-old only daughter of dentists Rajesh and Nupur Talwar was found dead at home in May 2008 with her throat slit and a fatal head injury.
Suspicion initially fell on Hemraj until his bludgeoned body was found on the Talwars' roof just one day later.
They denied murder, destroying evidence and misleading investigators in a sensational case that gripped India.
The couple burst into tears when judge Shyam Lal read out the verdict in a crowded court room in the city of Ghaziabad, just outside the capital, Delhi.

At the scene

After five and a half years of dramatic twists and turns, allegations of bungling and false starts a verdict was finally delivered.
There was tight security at the Ghaziabad court. Journalists were not allowed inside the courtroom, and information trickled out through lawyers. Some camera operators were perched on the tops of trees and the courtroom boundary wall to get the best shot.
Passers-by asked journalists about the verdict. And there was pandemonium as soon as the lawyer announced they had been convicted: "The Talwars broke into tears," he said.
Family and friends of the Talwars at the court were in shock, saying they found themselves up against the might of the CBI. They will challenge the order in a higher court. This story is not over yet.
They issued a statement expressing their anguish at the verdict. Sentencing is to take place on Tuesday and the couple could face a life sentence or even the death penalty. Their lawyers say they will appeal.
"We are deeply disappointed, hurt and anguished for being convicted for a crime that we have not committed. We refuse to feel defeated and will continue to fight for justice," the Talwars said in a written statement given to reporters.
The murders generated huge interest in India with every twist and turn in the case receiving wall-to-wall coverage.
The police investigation was the subject of intense scrutiny, with the Talwars and some legal experts saying that local detectives and then federal investigators from the Central Bureau of Investigation (CBI) mishandled the case.
'Compromising situation?'
Aarushi's body was found in her own bedroom, just next door to her parents' room at their home in the affluent Delhi suburb of Noida.
Prosecutors alleged that the Talwars killed their daughter in a rage when they found her in a compromising situation with Hemraj.
In the early days of the police investigation, Aarushi was described as a girl of "loose moral character" who chatted with boys and went for "sleepovers" at friends' homes.

CASE TIMELINE

  • 16 May 2008: Schoolgirl Aarushi Talwar's body found at home with throat slit and a fatal head wound
  • 17 May 2008: Body of domestic help Hemraj found on the roof of the house
  • 23 May 2008: Father Dr Rajesh Talwar arrested
  • 29 May 2008: Case handed over to federal detective agency CBI
  • 11 July 2008: Dr Rajesh Talwar bailed
  • 29 December 2010: CBI wants to close the case due to a "lack of evidence"
  • 25 January 2011: Dr Rajesh Talwar attacked by a man with meat cleaver
  • April 2011: CBI says "only parents could have killed Aarushi"
  • 8 June 2012: Trial begins
Such statements prompted an outcry from women's and child rights groups.
Some experts say the case highlighted a "clash of cultures" within India, pitting police and conservative sectors of society against what they saw as the "excesses of the upper middle class".
Nevertheless, the case enthralled India, receiving almost unprecedented levels of media scrutiny. In 2011 one man, with no connection to the case, attacked Rajesh Talwar with a meat cleaver as he went to court, leaving his face scarred.
But police in Noida - which lies in Uttar Pradesh state - who initially investigated the case were also severely criticised for their "shoddy" investigation.
Within hours of the crime, dozens of people, including television camera crews and reporters, had been in and out of the house compromising the scene of the crime.
Suspicion fell on several other suspects before investigators finally closed in on the parents and their trial began in June last year.

Saturday 23 November 2013

FILICIDE: Alberta: mother only gave son holistic remedies, for an Infection that can be treated with penicillin



CBC News Posted: Nov 22, 2013 12:25 PM MT 
17th Avenue S.W. apartment
Calgary police were called to this apartment building in March 2013 after reports of a child suffering seizures. (CBC)
Criminal charges are pending against a Calgary mother who police allege relied on holistic treatments instead of getting medical help for her seven-year-old son's strep infection. 
On the morning of March 2, emergency crews were called to a 17th Avenue S.W. basement suite where a young boy was having a seizure. He was taken to hospital where he was pronounced dead.
An autopsy found the cause of death was a strep infection, which would have been treatable with penicillin.
Police allege the mother did not take the boy for treatment, giving him holistic remedies instead.
"The treatment rendered at home was homeopathic in nature. This would include herbal remedies. The mother refused to take the child to a medical professional. No excuse given — just her belief system," said Staff Sgt. Mark Cavilla.
The boy was bedridden for 10 days prior to his death, police allege.
Charges are pending against his 44-year-old mother.
Those charges include criminal negligence causing death and failing to provide the necessaries of life.

Friday 22 November 2013

INFANTICIDE: UK: Jacqueline Parker sentenced to 7 years for "causing or allowing death"

Jacqueline Parker and Adam KightleyJacqueline Parker and Adam Kightley both claimed they did not harm Jamie

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A couple found guilty of causing or allowing the death of their baby son have both been jailed for seven years.
Seven-week-old Jamie Kightley suffered severe brain injuries and more than 40 fractures. He died soon after he was admitted to hospital on 17 March 2012.
Jacqueline Parker, 21, and Adam Kightley, 24, of Northampton, were originally on trial for murder.
Judge Jeremy Baker, at Nottingham Crown Court, said Jamie had come to "deliberate traumatic harm".
'Wall of silence'
He said during his short life, Jamie had been subjected to violence on at least two and probably three occasions.
The judge said Parker would serve her time in a young offenders institution and Kightley would be sent to prison.
A murder charge against the couple was dropped during the trial.
The prosecution said Jamie had been assaulted about two weeks before he died and again hours before his death, but that both parents had "hidden behind a wall of silence" regarding who was responsible.
Medical evidence showed Jamie suffered injuries consistent with being grabbed around the middle and shaken, the jury heard.
Jamie KightleyJamie Kightley lived with his parents at London Road, Northampton
Kightley and Parker agreed they had been drinking and smoking cannabis the night before Jamie's death but denied doing anything to harm their son.
When asked about bruises on his body, Parker claimed she had not seen them until Jamie was in hospital.
Judge Baker said the baby had been shaken with sufficient violence to cause him to suffer bleeding to the eyes and brain damage leading to his death as a result of respiratory and cardiac arrest.
'Substantial culpability'

Start Quote

The identity of the perpetrator of these episodes of violence may never be known”
Judge Jeremy Baker
He told the couple that "the episodes of violence would not only have caused pain and upset to Jamie but, more significantly, would have caused visible bruising to his body, which should at the very least have asked you to seek prompt medical attention".
"Not only did each of you fail to do so during the days leading up to his death, but I am quite satisfied that in order to cover up for this failure, you concocted a story.
"You maliciously suggested that you had previously shown bruising to a local GP who had dismissed it as unimportant."
He said the couple had deceived the police in interviews by appearing to want to help them.
"As a result of the stance which both of you took in the course of your interviews and during your evidence at trial, the identity of the perpetrator of these episodes of violence may never be known.
"You are to be punished for allowing his death to occur."
He added that the couple were "both young and both of you showed elements of care to your son during his short life", but was "satisfied that the level of culpability is substantial and the only sentence which can be justified for this offence is one of immediate custody".