Convicted mother's child abuse case referred back to Court of Appeal

A convicted mother has been given another chance to prove her innocence after new medical evidence suggested natural reasons could have caused her baby's brain and rib injuries. The woman previously served time in jail after being found guilty of three charges relating to her daughter's injuries when the child was a baby. An earlier appeal to the Court of Appeal was unsuccessful.

New Evidence

The Criminal Cases Review Commission referred the case back to the Court of Appeal after receiving new expert medical evidence that was not available during the original trial. Acting chief commissioner Paula Rose said medical evidence was central to the prosecution case at the time, which relied on Crown experts who concluded the injuries were non-accidental. No comparable defence expert medical evidence was presented at the trial.

Expert Findings

Former Race Relations Commissioner Joris de Bres helped the parents find four overseas medical experts alongside two journalists. One expert pointed to traumatic events during the baby's birth, including the use of forceps and drugs. Another expert noted very low vitamin D levels that affected the baby's bones. Rose emphasized that the referral does not overturn the conviction or determine guilt, leaving those matters for the Court of Appeal.

Commission Work

The commission has received more than 700 applications since it started investigating potential miscarriages of justice six years ago, with this marking its eighth referral to the Court of Appeal. More than 400 cases have been completed, while 270 remain active. Because the mother maintained her innocence throughout her imprisonment, the Parole Board denied her an early release and she served her full sentence.

Context

The Criminal Cases Review Commission operates as an independent Crown entity that investigates potential miscarriages of justice in New Zealand. Cases are referred to the Court of Appeal only when the commission finds new evidence or compelling reasons that suggest a miscarriage may have occurred. This process allows individuals who have exhausted standard appeal options to seek a fresh review of their convictions.