Frances Gibb, Legal Editor
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The role of expert witnesses in baby death trials was called dramatically into question last night after two jurors spoke out to challenge the conviction of a childminder for killing a baby in her care. Senior judges and law officers faced calls yesterday for a fresh review of the role of expert witnesses in baby-death cases.
In an unprecedented move, the jurors disputed the recent conviction of Keran Henderson 42, a mother of two married to a former police officer, for shaking 11-month-old Maeve Sheppard so violently that the baby was left blind and irreparably brain-damaged. She died days later.
The jury foreman, who cannot be named for legal reasons, has told The Times that he believes Mrs Henderson is innocent. “A case relying on circumstantial evidence and forensic opinion based on evidential proof from other cases should never have reached a court.”
The case comes amid increasing concern over cases involving baby deaths that turn on the evidence of medical experts. Sally Clark, Angela Cannings and Trupti Patel were all accused of killing their children, only later to be found innocent.
John Hemming, MP, the chairman of Justice for Families, called yesterday on the Lord Chief Justice and Attorney-General to set up a fresh inquiry into the way that courts use medical expert evidence. “Jurors think that Keran Henderson is innocent,” he said. “When we are asking medical expert witnesses to diagnose innocence or guilt, we need more certainty than is the case for most medical treatment — a false diagnosis of guilt can generally cause far more damage than a false medical diagnosis.”
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