A man has been found guilty of the culpable homicide of a Dundee toddler.
Robert Cunningham had been accused of murdering Brandon Muir. However, a jury at the High Court in Glasgow found him guilty of the lesser charge.
The jury returned a majority guilty verdict after around 90 minutes of deliberations. Judge John Morris QC deferred sentencing on Cunningham until later this month.
RESOURCES
David Marsland reports on the verdict for North Tonight
Police chief in Brandon case says the child should still be alive
Dundee child services launch review in light of Brandon Muir case
Government urges swift report on Dundee child services
Interview with John Muir, father of Brandon Muir
Extended interview with Fred McBride, Dundee's head of Childrens' Services
Interview with Alan Baird, Director of Social Work at Dundee
Cunningham and his then-partner Heather Boyd lived in Dundee and were the guardians to Brandon. Cunningham, 23, was caring for the toddler at the time of his death. He denied assaulting the boy by seizing hold of him by the body, applying pressure to his abdomen until his intestine burst and failing to seek medical help.
Brandon died at Ninewells Hospital on March 16 last year, a day after he suffered the horrific injuries. The trial heard from doctors at the hospital who said Brandon's injury would have been caused by a "blunt force" and the child would have been in severe pain before he died.
Unemployed Cunningham gave evidence during the 20-day trial, which heard from 54 other witnesses. He said he got on "brilliantly" with Brandon but disciplined the toddler when he climbed on to a window ledge at the flat he shared with Ms Boyd while she was at a shop. Cunningham said he smacked him on the hand and made him stand against a wall.
But evidence from medical experts suggested that force had been applied to the child's abdomen which caused his intestine to become crushed against his spine. The court heard Brandon was repeatedly sick the evening before he died but an ambulance was not called until around 4.20am on March 16 when Ms Boyd woke up her boyfriend to say she was not getting any response from her son. The pair tried to resuscitate the toddler before paramedics arrived and took him to Ninewells, where he was declared dead.
Police were suspicious the moment they arrived to the home. A party had been held there and drugs were found. Ms Boyd and Cunningham told detectives that the toddler was repeatedly sick the day before he died, vomiting a brown substance.
Detective Chief Inspector Willie Semple of Tayside Police said: "We initially spoke to them at Ninewells Hospital when they'd taken their child to the hospital. They were upset at that time - or appeared to be upset at that time.
"The important thing is you've got to keep an open mind at the initial outset of these investigations and that's what we did into the investigation in the death of Brandon Muir. We put a lot of resources into it, both detectives and forensic scientists as well. That continued for some two weeks until we came to the resolution that resulted in both persons being reported to the Procurator Fiscal."
Cunningham denied ill-treatment of the boy at various times between October 2007 and March 2008. This includes an allegation that he used or allowed others to take cannabis and heroin at their home. He also rejected a similar claim involving another child at the same time.
CHARGES DROPPED
In one of the more startling twists in recent Scottish legal history, all charges were dropped late in the proceedings against the 23-year-old Ms Boyd. Judge John Morris QC ruled the jury had "no case to answer" – or a lack of evidence – against the mother.
Ms Boyd, of Monifieth, denied an assault charge and claims by investigators that she failed to ensure Brandon's well-being and seek medical help for the boy. Most seriously she had faced a charge of culpable homicide before a submission from Ms Boyd's defence lawyer, Donald Findlay QC, brought her freedom.
The court heard how doctors found at least 40 injuries on Brandon, including a ruptured duodenum - which is part of the small bowel - bruising and four fractured ribs. One doctor said the rupture was caused by a "severe blow" to the abdomen.
Neighbours reported hearing both male and female voices shouting at the youngsters on several occasions and Ms Boyd failed to attend medical appointments with her son. Cunningham told the court he smoked cannabis "most days" and evidence was led that Ms Boyd worked as a prostitute and smoked heroin on the night Brandon fell ill.
