The death of Sam Harry, 18 months old

View previous topic View next topic Go down

The death of Sam Harry, 18 months old

Post  Guest on Sat 27 Jun 2015, 2:34 pm

The despicable murder of an 18 month old child is of no interest to our broken judiciary system, his father is asking for people to sign his www.change.org petition (link at the bottom of this page).  I'm not on Twitter or Facebook so please could posters circulate the link, i've already signed the petition.  What a disgraceful country we've become when these two people can carry on their normal lives with no police record and can even get a job in the future caring for children -

http://www.mirror.co.uk/news/uk-news/one-two-people-killed-boy-5950026

'One of two people killed my boy but I can't get justice': Dad's court fight for tragic toddler

A dad whose toddler was killed in the care of his ex and her new lover has been told neither face charges because they blame each other for the death.
Tragic toddler Sam Harry died of terrible head injuries after being smashed against a surface with the force of a 60mph car crash.
But despite being in the care of mum Deanna Buffham and her new lover Ryan Bate at the time of the horrific attack, neither will face charges because they blame each other.
And although police accept at least one of them was responsible for the ¬19-month-old’s death, that means under the law they cannot be prosecuted on a “joint ¬enterprise” basis as detectives cannot prove which one it was.
Both went out separately during that fateful day, making pinning the crime on one or the other even harder.
The child’s grieving dad Nick Harry has branded the decision “absurd” and called for justice for his son, who died in hospital four days after the assault.
He told how he received a letter from chief prosecutors outlining why the case was dropped allowing Buffham, 28, and 23-year-old Bate, who had been arrested on ¬suspicion of murder, to walk free.
It read: “One or both of them must have been responsible for [your son’s] injuries... it would not be possible to prosecute the suspects on a joint enterprise basis simply because we know that one of them must be guilty of the offence.”
Furious Nick, 30, said: “I believe one of them has literally got away with murder.
“The detectives know that one of them did it because they were only two people present when Sam was injured.
“But they can’t prove which one it was. They are now free with no criminal record and nothing to stop them from working with children or being around children.
“They have both escaped without a single charge when a child died in their care with signs of aggression.
“They can’t charge them with joint enterprise because at various times both of them went out of the house.
“Even though the police know one of two people killed my son quite brutally we are unable to have any sort of justice I want justice for my son and whoever did this to him needs to be punished.
"If the case went in front of a jury at least it would be up to them to decide.”
Buffham and Bate were remanded on police bail after Sam’s death in April 2013. But they were released without charge last November.
Nick, of Houghton Regis, Beds, appealed the Crown Prosecution Service decision to drop the case, but that was rejected in January.
He has started a Justice for Sam campaign in a bid to overturn the outcome. It has 12,000 signatures but needs 100,000 to have a chance of being handed to Parliament.
Nick added: “It’s just unbelievable the case has now effectively been closed and there is no justice for my son.
"The major crime unit was investigating for a year and a half but they couldn’t pin it on either of them. I feel powerless, I have explored all the avenues I can go down.
"Myself and my family are finding it very hard to accept this and move on. I’m putting all my energy into fighting for justice for my son.”
The CPS letter to Nick reads: “Neither suspect accepts that they caused Sam’s injuries... each now asserts that the other must have been responsible given the medical findings.
“Although each blames the other, they are unable to give any material evidence to substantiate their belief.”
And the letter rejecting his appeal said: “Although I readily understand your frustration over the fact no one is to face ¬prosecution over Sam’s death, I hope you understand that my role as a prosecutor is not to decide whose version of events I prefer but rather to decide whether there is a realistic prospect of conviction on the evidence before me.”
Sam suffered a brain ¬haemorrhage in the attack at the home Buffham and Bate shared. Tests showed the injuries must have occurred in the 11 hours before paramedics were called. It is believed they and Sam were the only people in the house.
The tot was taken to Addenbrookes Hospital in Cambridge. Surgeons tried in vain to save him with an operation to relieve the pressure in his tiny head.
Nick, who maintained a vigil at his son’s bedside in intensive care, said: “I couldn’t bear to see his head after the operation. That image of him lying there will stay with me forever.
“I have a picture of Deanna cradling him in hospital. At that time I had no idea how his injuries occurred.”
Buffham and Bate could have faced charges of murder, manslaughter or causing or allowing the death of a child.
Nick, who split from Buffham shortly after Sam was born, believes prosecutors should also have considered the lesser offence of misleading justice.
The CPS said: “The charges of murder, manslaughter and causing or allowing the death of a child were ¬considered.
"However, there is insufficient evidence to prove either suspect caused the boy’s injuries, or to prosecute them both on a joint enterprise basis.
“A review determined the original decision to take no further action still stands.”
Nick has been told the case may be reopened every two years to see if forensic tests can provide any more evidence.
Bedfordshire Police said the force is “not currently looking at anyone else” in connection with Sam’s death.
But a spokeswoman added: “No murder investigation is ever closed, each is subject to regular reviews, including this one.
"If information becomes ¬available that enables us to put an offender or offenders before court, we will always do so.”

• To support Nick’s campaign please visit: www.change.org/p/david-cameron-mp-protect-our-children-from-known-child-killers

Guest
Guest


Back to top Go down

Re: The death of Sam Harry, 18 months old

Post  Freedom on Sat 27 Jun 2015, 4:49 pm

I thought that the law had been changed to cover cases like this where suspects blame each other.

PeterMac, can you assist please? I can't think of the wording.

_________________
avatar
Freedom
Moderator
Moderator

Posts : 12645
Join date : 2014-08-17
Age : 102
Location : The nearest darkened room

Back to top Go down

Re: The death of Sam Harry, 18 months old

Post  Andrew on Sat 27 Jun 2015, 5:10 pm

Joint enterprise I think it's called.

Horrendous article and very sad indeed.
avatar
Andrew

Posts : 12841
Join date : 2014-08-29

Back to top Go down

Re: The death of Sam Harry, 18 months old

Post  Guest on Sat 27 Jun 2015, 5:49 pm

Freedom wrote:I thought that the law had been changed to cover cases like this where suspects blame each other.

PeterMac, can you assist please? I can't think of the wording.

I saw the original article on the Daily Mail last night but couldn't find it again this morning but found the Daily Mirror one this morning.  On the DM comments section people were responding with outrage that this ridiculous law opens a precedence for others to commit crimes and if 2 people were involved they can blame each other and literally get away with murder.

What a twisted, messed up PC country we live in when 2 evil criminals can do such an horrendous thing to a young innocent child and can just carry on as if butter wouldn't melt in their mouths, are able to walk among us and even get a job at a children's nursery or as a nanny having no criminal record on their CV.

Guest
Guest


Back to top Go down

Re: The death of Sam Harry, 18 months old

Post  Châtelaine on Sat 27 Jun 2015, 6:50 pm

Freedom wrote:I thought that the law had been changed to cover cases like this where suspects blame each other.

PeterMac, can you assist please? I can't think of the wording.
***
I remember reading that several years ago. The essence being that if a household member is suspected, but not sure which one and no-one confesses ALL members of the household are suspects.
avatar
Châtelaine

Posts : 2232
Join date : 2014-08-27
Location : France

Back to top Go down

Re: The death of Sam Harry, 18 months old

Post  chirpyinsect on Sat 27 Jun 2015, 7:06 pm

Andrew wrote:Joint enterprise I think it's called.

Horrendous article and very sad indeed.
This is what wiki says about it.


English lawEdit

In English law, the doctrine derives from R v Swindall and Osborne (1846) 2 Car. & K. 230. Two cart drivers engaged in a race. One of them ran down and killed a pedestrian. It was not known which one had driven the fatal cart, but since they were encouraging each other in the race, it was irrelevant which of them had actually struck the man and both were held jointly liable. Thus the parties must share a common purpose and make it clear to each other by their actions that they are acting on their common intention, so that each member of the group assumes responsibility for the actions of the whole group. When this happens, all that flows from the execution of the plan makes them all liable. This is a question of causation, in that oblique intention will be imputed for intermediate consequences that are a necessary precondition to achieving the ultimate purpose, and liability will follow where there are accidental and unforeseen departures from the plan, so long as there is no novus actus interveniens to break the chain.

_________________
Everything I write is my own opinion. Nothing stated as fact.
avatar
chirpyinsect

Posts : 4434
Join date : 2014-10-18

Back to top Go down

Re: The death of Sam Harry, 18 months old

Post  chirpyinsect on Sat 27 Jun 2015, 7:08 pm

Don't Forget Madeleine wrote:
Freedom wrote:I thought that the law had been changed to cover cases like this where suspects blame each other.

PeterMac, can you assist please? I can't think of the wording.

I saw the original article on the Daily Mail last night but couldn't find it again this morning but found the Daily Mirror one this morning.  On the DM comments section people were responding with outrage that this ridiculous law opens a precedence for others to commit crimes and if 2 people were involved they can blame each other and literally get away with murder.

What a twisted, messed up PC country we live in when 2 evil criminals can do such an horrendous thing to a young innocent child and can just carry on as if butter wouldn't melt in their mouths, are able to walk among us and even get a job at a children's nursery or as a nanny having no criminal record on their CV.
Or 2 parents could each deny the death of their child and as long as neither broke the pact.....Wonder if that law applies in PT.

_________________
Everything I write is my own opinion. Nothing stated as fact.
avatar
chirpyinsect

Posts : 4434
Join date : 2014-10-18

Back to top Go down

Re: The death of Sam Harry, 18 months old

Post  Guest on Sat 27 Jun 2015, 8:42 pm

chirpyinsect wrote:
Don't Forget Madeleine wrote:
Freedom wrote:I thought that the law had been changed to cover cases like this where suspects blame each other.

PeterMac, can you assist please? I can't think of the wording.

I saw the original article on the Daily Mail last night but couldn't find it again this morning but found the Daily Mirror one this morning.  On the DM comments section people were responding with outrage that this ridiculous law opens a precedence for others to commit crimes and if 2 people were involved they can blame each other and literally get away with murder.

What a twisted, messed up PC country we live in when 2 evil criminals can do such an horrendous thing to a young innocent child and can just carry on as if butter wouldn't melt in their mouths, are able to walk among us and even get a job at a children's nursery or as a nanny having no criminal record on their CV.
Or 2 parents could each deny the death of their child and as long as neither broke the pact.....Wonder if that law applies in PT.

That was what I was alluding to chirpy but didn't want to make it too obvious.

Guest
Guest


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum