Woman on trial accused of harming baby girl claims she hugged her 'too tight'

A woman accused of harming a baby claimed that she hugged her too tight, a trial has been told.

Jennifer Mair, 20, and James MacDonald, 21, are alleged to have assaulted an eight-week-old girl who they cared for at a flat in Glasgow’s Baillieston on March 23, 2022.

Court papers state the pair seized hold of the girl’s body, lifted her up and repeatedly compressed her body to her severe injury and danger of life.

MacDonald is further alleged to have repeatedly shook her or inflicted injuries upon her by means unknown to the prosecutor.

Both have a special defence of incrimination against each other.

Glasgow Sheriff Court heard that the pair were told by a doctor at the hospital on March 23 2023, that the baby’s injuries were “inflicted.”

A witness claimed she spoke to MacDonald alone after the doctor had given her diagnosis.

MacDonald allegedly told the woman that he was prone to blackouts.

The witness said: “He was worried that he had a blackout and was worried that he could have hurt the baby.”

The woman told the court that she went on to report this to the police.

The witness claimed she spoke to Mair on June 10, 2023, over the phone.

She told the court: “[Mair] told me she was feeling guilty for so long and that she had been left to do everything with the baby, and the baby was crying non-stop for four hours.

“She said she hugged her, held her, and squeezed her to stop the crying, not to hurt her, but she was really worried about it.”

The witness claimed she informed Mair that she had to contact the police.

A nurse earlier told jurors that she attended MacDonald and Mair’s flat that day to do a developmental assessment on the girl.

She stated that the baby was lying in a cot in the living room with one of sides of it down.

The nurse claimed that she addressed the problem to MacDonald and Mair of the city’s Springburn.

Mair allegedly told the nurse that the girl had been taking smaller volumes of her milk and was crying “a bit more.”

She is also stated to have told the nurse that she was “worried” about a mark on the baby’s cheek.

The nurse stated that she did a “top-to-toe” evaluation of the girl and discovered the mark.

She claimed MacDonald had said that he was “unsure” if it had come from her dummy, but the nurse stated that it was “unlikely.”

The nurse added that she also found an “outline” around the baby’s lips, which MacDonald and Mair claimed they were “unaware” of.

The nurse stated that she rolled the baby onto her side to check her back and found further bruises.

Prosecutor Ross Canning asked the witness how the baby reacted to her examination.

She replied: “I noticed when I undressed her she became quite distressed and crying.”

The nurse stated she asked the pair about whether they saw the marks on her back.

She claimed that Mair replied: “Oh my god, how did they get there?” or “something similar to that effect.”

The nurse stated that MacDonald and Mair “denied knowledge” of the markings.

A decision was made to take the pair and the baby to hospital.

Mr Canning asked the nurse to describe how they were and replied: “They were agreeable to go to the hospital – there was no hostility there. I would say really calm.”

MacDonald and Mair were told the baby would have to stay in hospital overnight.

Donna Armstrong, defending Mair, asked the witness if MacDonald had told her that he picked the baby up under her arms and shook her, to which she replied: “No.”

Ms Armstrong asked: “Did he tell you he was having blackouts in the days leading up?”

The nurse replied: “No he didn’t tell me that.”

Mis Armstrong then asked: “Did he tell you he shook the baby twice when asked about the marks?”

The nurse replied: “No.”

The trial continues before Sheriff Iain Fleming.