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Jody Simpson and Tony Smith in court accused of cruelty to 41-day-old child

A baby was left with life-changing injuries after he was deliberately injured by one of his parents, a court heard.

The child was just 41 days old when he was found to have suffered eight fractures to limbs and then developed life-threatening septicaemia.

“The ongoing effects of his injuries will be considerable and lifelong,” said prosecutor Heather Stangoe. “There is a high risk of disability.”

Tony Smith and Jody Simpson
Tony Smith and Jody Simpson

Miss Stangoe said the parents, Jody Simpson, 24, and Tony Smith, 46, delayed taking the child to their doctor from their flat in Square Hill Road, Maidstone, after he became ill.

They later told police they were delayed because they were waiting for a plumber to mend a broken boiler.

Simpson phoned their GP late in 2014 and reported the baby had cold-like symptoms and was crying. She was advised to give him Calpol and take him into the surgery when he was due for his six-week check-up.

But when he was taken to the surgery four days later he was gravely ill, having developed swelling and shock.

Experts expressed surprise that the mother had not called for an ambulance, Miss Stangoe told a jury at Maidstone Crown Court,

Simpson had not contacted the midwifery services until she was five months pregnant. The baby weighed 7lb 7oz at birth and was “healthy and thriving”.

The days-old baby was found to have several fractures. Stock image
The days-old baby was found to have several fractures. Stock image

When he was taken to the GP’s surgery at 41 days by Simpson he was gravely ill, said Miss Stangoe. He looked grey, had froth at the side of his mouth and was grunting.

His eyes were closed and his lower limbs were hard and swollen. The doctor suspected septicaemia. The child was taken to Pembury Hospital and then transferred to a specialist unit in London.

“He was in a parlous condition and required multi-organ support in intensive care,” said

Miss Stangoe. “On admission, he was drowsy and showed signs of respiratory distress.”

X-rays revealed fractures to both thighbones, both lower legs, the right lower leg and ankle, and fractures to the base of the left thumb and two bones in the big toe.

“There was no evidence of any underlying bone disorder,” said Miss Stangoe. “A paediatrician and another doctor concluded that his injuries were not accidental.”

The doctor’s view was that the fractures led to the onset of septicaemia. The prognosis was poor.

“It was thought highly likely he would die imminently from multiple organ failure, secondary to his injuries and septicaemia,” said Miss Stangoe.

The child needed a prolonged course of treatment.

The experts found that the injuries, which were less than 10 days old, would have required a degree of force that was not consistent with normal handling of a baby. The fractures were caused before the bones became infected.

The experts were also able to say the injuries were inflicted on at least two separate occasions. He would have been in distress at the time and for some time afterwards.

“The dislocation of the right lower leg and ankle is the most significant of the fractures and would have required considerable force,” said Miss Stangoe. “For example, swinging the baby by the ankle.

“The severity of that injury would have been apparent to the carer present at the time. They would obviously have known. He would have shown distress whenever his leg was moved.

“This would have continued for several days after the fracture.”

Maidstone Crown Court
Maidstone Crown Court

Miss Stangoe said both parents denied doing anything, either accidentally or deliberately, to cause the fractures.

“Both described themselves as loving their child and being gentle and careful in their handling of him,” she said. “Both said they had looked after him together.

“One of the defendants must have been responsible for causing physical harm, but it is not possible to say which one. One must have failed to take reasonable steps to protect the child from the risk of injury which should have been foreseen.

“The prosecution say one of them inflicted those injuries on at least two separate occasions and the other must have known about it because they were always there.”

Their delay in obtaining medical treatment was three to nine hours, when they knew over the course of a few days he was seriously ill.

“One or both of them had caused multiple fractures to this new born baby and they must have realised he needed medical care" - Heather Stangoe tells court

“One or both of them had caused multiple fractures to this new born baby and they must have realised he needed medical care,” said Miss Stangoe.

“They said they didn’t go to the doctors sooner because they were waiting for a plumber to mend a broken boiler. The prosecution suggest their delay was because they knew the cause of his illness and severity of injuries.

“They were reluctant to seek medical help because they knew the truth.”

Simpson and Smith, now both of Sydney Road, Whitstable, deny causing or allowing serious physical harm to a child and cruelty to a person under 16.

The trial continues.

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