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Jury retires tomorrow in harrowing Baby C rape trial

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Final legal points to be addressed in the morning before deliberations begin

THE JURY in the harrowing three-week trial concerning seven-week-old Baby C, who was allegedly raped by his mother’s partner, is expected to retire on Tuesday to consider its verdict.

Jurors heard highly charged closing speeches on the final day of evidence from barristers representing Christopher Phillips, who is accused of raping the infant, and the counsel acting for the baby’s mother.

Prosecuting, Tom Crowther KC described Phillips as “a malignant narcissist” and argued that Baby C’s mother had been manipulated by her new partner after being “dumped” by the baby’s biological father just four days before the birth.

“What the mother saw was the development of a healthy relationship,” he said. “She didn’t see a risk from Christopher Phillips. She may simply have been keen to find someone kind, to replace the baby’s father who left her four days before the birth.”

Crowther outlined the catalogue of injuries sustained by Baby C before his emergency admission to West Wales General Hospital on January 24, 2021. They included a broken wrist, a broken ankle, a bleed on the brain, a swollen testicle and bruising to the chest. None of these injuries had been detected by GPs or hospital clinicians during repeated examinations.

“If the doctor didn’t see the broken bones, how could the mother?” Crowther asked the jury. “None of the doctors or medical consultants identified a brain injury, a wrist injury, an ankle injury or suspicious bruising — and these are highly trained safeguarding professionals. How could the mother see that which the doctors couldn’t?”

He said the mother admitted failing her son but insisted she had never claimed to have seen anything that raised a red flag. He added that parental failure, in various forms, was commonplace.

“Yes, she did fail, but parents fail in big and small ways in their children’s lives. When things happen to our children we wrack our brains, knowing we could have done things differently. Most of us move on. She must now look back to that last moment of love and peace with her baby, with a man who did everything to take it from her.”

Crowther also dismissed any suggestion that Phillips’ strong interest in anal sex should have alerted the mother to danger.

“Anal sex for Mr Phillips is an abiding passion, but it is also part of many people’s sexual repertoire,” he said. “The idea that the mother should have linked that to the baby’s bottom bleed makes no sense. She asked her family, she asked her doctors, and she even asked her new partner. Phillips suggested it may have been a haemorrhoid. This nineteen-year-old new mum didn’t know that babies don’t get haemorrhoids.”

For the defence, John Hipkin KC told the jury that despite the horrific nature of the case, “things aren’t as clear cut as they seem”.

“This has been a horrendous case and we acknowledge that Baby C has been catastrophically physically and sexually abused,” he said. “The issue is who did it. Christopher Phillips has denied it throughout, and the question is whether the prosecution has proved he was the perpetrator.

“Anyone hearing this case would feel emotion — revulsion springs to mind. And if it were a popularity contest, Christopher Phillips would be low on your list. But you don’t find him guilty because you don’t like him. You can only convict if you are sure.”

Hipkin urged the jury to view the evidence with “scepticism”.

“There is no evidence linking him physically to any of the injuries,” he said. “He was around Baby C and had access to him — and that is it. He only had access when the mother was in the same room or briefly in another room of the small flat. It is a huge leap for the prosecution to say Phillips was responsible.”

In his summing up, Judge Paul Thomas reminded the jury of the extent of Baby C’s injuries. The head injury was described as being “akin to falling off a building or being in a road accident”, well beyond rough handling. The anal injuries — including a gaping wound — were so severe the baby could only be settled with morphine. A specialist paediatric medic told the court she had administered morphine to such a young baby only “a handful of times” in 25 years. The baby had also suffered blunt force trauma to a testicle.

At around 3.50pm today (Monday), Judge Thomas told the court that the case will resume in the morning. He said two minor legal points remain, each expected to take no more than a minute. Once they are dealt with, the jury will retire to consider its verdict. “It will take as long as it takes,” the judge said.

Phillips, 34, of Kiln Park, Burton, is charged with causing serious physical and sexual harm to Baby C in January 2021. The baby’s mother faces separate charges of allowing serious physical harm and child cruelty for allegedly failing to protect her son.

The jury is expected to begin its deliberations on Tuesday.

Crime

CCRC refers sexual offence convictions for appeal as new evidence emerges

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Man convicted at Swansea Crown Court in 2017 has case sent to Court of Appeal

THE CRIMINAL CASES REVIEW COMMISSION has referred a man’s convictions for child sexual offences to the Court of Appeal because new information undermines the credibility and reliability of the complainant’s account.

The man, referred to as Mr HS, was convicted in 2017 at Swansea Crown Court of four counts of sexual assault of a child under 13, four counts of causing or inciting a child under 13 to engage in sexual activity, and three counts of attempted rape of a child under 13.

He was sentenced to an extended sentence of 16 years, comprising 15 years’ imprisonment with an extended licence period of one year.

There was a single complainant who alleged the offences occurred when she was in Mr HS’ company between 2005 and 2010. The complainant was aged five to 11 at the time of the alleged offences, and she disclosed the offences at the age of 15.

The prosecution case relied on evidence from the complainant and from those to whom she had made her disclosures. Mr HS gave evidence in his defence, denying any sexual activity with the complainant, but was convicted.

In March 2018, the Single Judge refused Mr HS permission to appeal against conviction and sentence. He did not renew his application to the Full Court. The CCRC received an application to review the conviction in February 2023.

During its review, the CCRC considered post-trial evidence that could significantly undermine the credibility and reliability of the complainant’s account.

The account given by the complainant at trial was the prosecution’s main evidence in this case. Consequently, the credibility and reliability of this account was, and remains, fundamental to the safety of Mr HS’ convictions.

The CCRC has found that based on this new evidence, there is a real possibility that the convictions will not be upheld and is referring them to the Court of Appeal.

Identities in the CCRC’s media release have been anonymised to protect the identity of the complainant.

The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland.

If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.

The CCRC has anonymised the defendant in this referral.

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Community

Watch Sanna Duthie’s record-breaking coastal run online

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A DOCUMENTARY capturing ultrarunner Sanna Duthie’s record-breaking run along the full length of the Pembrokeshire Coast Path is now available to watch online.

Filmed and directed by Martin from Kelp and Fern, the film follows Sanna as she completed the 186-mile National Trail in 48 hours, 23 minutes and 49 seconds, setting a new Fastest Known Time.

From the physical demands of running almost non-stop to moments of quiet reflection among Pembrokeshire’s cliffs, coves and headlands, the documentary offers a close-up look at the determination, resilience and motivation behind one of the UK’s toughest solo endurance challenges.

The film premiered at Theatr Gwaun in Fishguard in November at an event hosted by the Pembrokeshire Coast Charitable Trust. The evening raised more than £500 through ticket sales and a raffle, adding to the £3,000 already raised through Sanna’s run. All proceeds are supporting conservation, heritage and engagement projects across the Pembrokeshire Coast National Park.

Sanna has since been named an official Ambassador for the Pembrokeshire Coast Charitable Trust, recognising her passion for the landscape and her ongoing support for the Trust’s work to protect and promote the Park for future generations.

The documentary is available to watch online via the Trust’s Fundraisers page:
https://pembrokeshirecoasttrust.wales/impact/our-fundraisers

Caption:

Sanna Duthie’s 186-mile Pembrokeshire Coast Path run is the subject of a new documentary now available to watch online.

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Education

Milford Haven School to work with council on post-Estyn improvement plan

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Council says action plan is underway, with strengths identified alongside areas for improvement

MILFORD HAVEN SCHOOL will work with Pembrokeshire County Council to address recommendations made in a recent Estyn inspection, the authority has said.

The council said it accepted the report in full and is committed to driving improvements “at pace” to ensure better outcomes for pupils.

Council officers have welcomed visits from Estyn to support work on a draft post-inspection action plan, with work on that plan “well underway,” according to the statement. The authority said its teams are working with the school to ensure the necessary support is in place.

The council added it was confident improvements can be delivered effectively and said it looks forward to demonstrating progress during Estyn monitoring visits.

It said the work will include providing both support and appropriate challenge to the school’s leadership team and governing body, to ensure they have the right capacity and backing in place, while keeping a clear focus on sustained improvement in pupils’ outcomes.

Cabinet Member for Education and the Welsh Language, Cllr Guy Woodham, said: “Our priority is ensuring that all learners at the school have access to high quality teaching and learning and maintaining the wellbeing of every learner.”

Despite the challenges highlighted in the inspection, the council said Estyn also recognised strengths at Milford Haven School, including its caring and inclusive community, a broad and balanced curriculum, digital and wider skills opportunities across the curriculum, and the promotion of positive behaviour by school leaders.

The council said these strengths provide a platform for improvement and reflect the commitment of both the school and the local authority to support learners’ future success.

Parents, carers and the wider community will be kept informed through regular updates and engagement events, the council said.

Further details of the post-inspection action plan will be published on the Milford Haven School website once it has been approved by Estyn.

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