East Kilbride Dad admits killing his 5 month-old baby boy
A Dad's admitted killing his four-month-old baby son by shaking him in a fit of anger.
A Dad's admitted killing his four-month-old baby son by shaking him in a fit of anger.
At the High Court in Glasgow 34-year-old David Sinclair, a supermarket worker, pleaded guilty to the culpable homicide of his son Joshua at their home in East Kilbride, on December 6, 2012.
He was originally charged with murder, but admitted the reduced charge of killing his son, just days before he was due to go on trial.
He married his wife Kirsty on the anniversary of their son's first birthday on July 9, 2013, and the court was told that she is standing by him.
The court was told that four days before the birth of his son Sinclair went to his GP stating he felt depressed and angry and with an urge to lash out and was prescribed an anti-depressant.
Prosecutor Ashley Edwards said that on December 6, 2012, Sinclair and his now wife and their baby Joshua went swimming and then shopping in East Kilbride.
At 5.30pm Kirsty Sinclair went out to meet her mother and sister.
Just 11 minutes later she received a phone call from Sinclair, who sounded shocked. He told her: “Joshua isn't breathing properly, come home right away,” then hung up and dialled 999.”
Sinclair was given instructions about giving Joshua CPR, but when a paramedic arrived he noted that he was either sitting on a chair or standing.
Miss Edwards said: “The accused was distressed and said: 'My son's not breathing.'
“Joshua Sinclair was lying face up on the floor. He was pale and appeared not to be breathing.”
The court heard that Sinclair claimed that Joshua had made a strange or different noise that wasn't normal and then stopped breathing.”
Joshua was rushed to Hairmyres Hospital in East Kilbride and medical staff battled for almost an hour to save him.
Both his parents were in the resuscitation room throughout. Joshua was pronounced dead at 6.55pm.
During the resuscitation efforts Dr Andrew Palombo asked what had happened. Sinclair stated that Joshua had been sitting next to him on the sofa. He said the child turned blue and stopped breathing and he dialled 999.
Sinclair told police that he changed Joshua's nappy and then tried to feed him, but he didn't seem hungry. He then laid Joshua on his left side on the couch and sat next to him on his laptop.
Around five minutes later he said he heard Joshua making 'funny noises” which was normal for him. Then he heard a wheezing noise and went back to his computer and 20 or 30 seconds later heard a gasp and Joshua didn't have any expression on his face.
Sinclair told police he then heard another gasp and realised something might be wrong and started to panic.
Miss Edwards said: “In each statement the accused has given slightly different information.”
She added that a forensic examination of Sinclair's laptop established it was online from 4.19pm onwards and he was playing games on Facebook.
Initially the cause of Joshua's death was unascertained, but the case was reviewed by a team of medical experts and discovered evidence of trauma in the eyes and brain which could only have been caused non-accidentally close to the time of death.
One of the experts Dr Peter Richards, consultant paediatric neuro-surgeon at John Radcliffe Hospital, Oxford, said: “This would be compatible with him having suffered a shaking injury involving handling at greater force than encountered in everyday life. It would be compatible with a shaking event where a carer who has not planned to injure a child has momentary loss of control with tragic consequences.”
Defence QC Ian Duguid said: “With regard to him visiting this GP at the time he wasn't working and was required to attend for job interviews. This was something of a tactic on his part and was to give him an opportunity to assist his wife after the birth without having to attend for job interviews.
“He wasn't doing resuscitation because he had to go to the door to let the paramedics in.
“His position is he found it unimaginable his handling of his child would have resulted in such catastrophic injuries.
“He is extremely remorseful for the events which have ensued. Witnesses in double figures would have come forward to talk of his caring abilities as a parent.”
Judge Lord Bannatyne deferred sentence on Sinclair, who has previous convictions for assault, until next month for background reports.
Sinclair's wife , who is pregnant, was not in court to hear the details of her son's death.
The Senior Investigating Officer, Detective Chief Inspector Laura McLuckie, said:
"David Sinclair admitted to being responsible for the death of his baby son, Joshua, who died needlessly at a young and vulnerable age.
"My sincere condolences go out to Joshua’s extended family, who have endured this harrowing incident and continue to live with the pain of Joshua’s untimely death.
"A defenceless baby died at the hands of his father, the one person whose role was to protect and care for him.
"Child abuse in any form is a deplorable crime. Police Scotland will thoroughly investigate any report we receive, regardless of when the crime occurred, to ensure those responsible are held to account for their actions."
Sinclair got married on what would have been Joshua's first birthday – and even helped fundraise in memory of his son.
Sinclair and his new wife Kirsty – Joshua's mum – had a “wedding reception with a difference” at Langlands Golf Club in East Kilbride on July 9 2013.
Unwitting family and friends handed over cash on the night.
A charity sky dive and a can collection in the town were also held with a reported £5,300 being raised in total.
This all featured in a newsletter from the Scottish Cot Death Trust in 2014.