Mother accused of killing baby son goes free
Tears as three-year battle to prove innocence ends when judge rules out
retrial over Dylan’s death
Olwen Dudgeon
02 February 2007
http://www.yorkshiretoday.co.uk/ViewArticle2.aspx?SectionID=55&Articl…
A WOMAN accused of shaking her baby son to death walked free from court
yesterday after a three-year ordeal to prove her innocence.
Victoria Scott’s legal battled ended when a judge ruled she would not have
to face a retrial for the manslaughter of 10-week-old baby Dylan, who died
on May 7, 2003.
The 21-year-old now hopes to rebuild her shattered life after the judge said
it was not in the public interest for her to face another trial. An earlier
jury failed to reach a verdict last May at Sheffield Crown Court.
"It would have been Dylan’s fourth birthday on February 23. I have not been
able to grieve for him properly with all this hanging over me. I haven’t
even buried him yet. It is only now that I can start planning his funeral,"
said Miss Scott.
She sobbed in court as Mr Justice Holland ordered the indictment stayed,
halting proceedings, following submissions by her defence lawyers that a
retrial would be an abuse of process.
The judge concluded: "The public interest was wholly satisfied, some might
say more than satisfied, by the first trial."
Speaking of her relief after the hearing, Miss Scott, known as Viki, said
she could not wait to be reunited with her boyfriend, Darren Wareing, and
his daughter and spend a night at home in her own bed.
That will not happen immediately as she has to ensure social services will
allow her to live back at their home in Goole full time.
There have been restrictions on access to her partner’s daughter which meant
she had to live with her grandparents near Ilkley while on bail.
Her boyfriend stood by her throughout her ordeal. "I have had wonderful
support from him, family and friends but this destroyed everything else.
"I’ve not had a life. I’ve gone from 17 to 21 without having anything at
all," she said.
"I used to be so funny, I always had so much energy but I’m so tired now and
feel so poorly."
The judge heard there had been serious effects on Miss Scott’s health from
the stress of the case, including the acceleration of a gynaecological
condition which will leave her unable to have more children.
"I have been told for medical reasons I can’t have kids any more. We wanted
children and I am devastated that even that has been taken from me."
Miss Scott’s ordeal began when she found Dylan was not breathing on May 6,
2003 and she rushed into the street screaming for help.
She says he had not been well for a couple of days after receiving his MMR
immunisation.
He was taken to Goole District Hospital where doctors managed to restart his
heart but after he was transferred to Leeds General Infirmary doctors
concluded he had suffered irreversible brain damage and his life support
system was switched off the next day.
The police were involved after allegations that Dylan had been shaken and,
after extensive medical inquiries, Miss Scott was initially charged with
murder and spent a month in custody.
But she always protested her innocence and a medical expert consulted by her
defence maintained the baby could have died from an infection or sudden
infant death syndrome.
Miss Scott, who works as a telephone customer adviser for a bank, said she
believed police were right to investigate such allegations but questioned
the way it was handled.
"It needs to be investigated. There are kids out there who have been hurt.
It is not right and I understand they have to do that.
"They have got to do their job. I would be devastated if somebody hurt my
kids.
"But it is the way it is handled. It just feels as though they are against
you and that nobody is listening when you say you are innocent."
She said she felt overwhelmed when the judge ruled in her favour. "After
being treated that way for so long for someone to actually acknowledge the
situation and look at it sensibly is incredible."
She thanked her solicitor, Colin Byrne, for his constant support and hard
work on her behalf.
She said: "He has been wonderful and went way beyond what you would expect."
Last night after the judge ruled the solicitor’s costs should be repaid, Mr
Byrne said he was delighted for Miss Scott and her family.
He said the judge had acknowledged there was no evidence of assault and that
the defence case that the baby may have died from infection or sudden infant
death syndrome could not be ruled out.
After the decision Detective Chief Inspector Sharon Fielding, of Humberside
Police, said it had been a complicated case to investigate and there were no
winners.
"We must not forget that a baby has lost his life and it was absolutely
right it was thoroughly investigated."