Jurors are considering whether to convict or acquit a man accused of attempting to murder a four-month-old baby in Dundee.
Marc Lannen, 34, denies shaking the boy and leaving him with a head injury that required immediate, life-saving surgery.
The child suffered a subdural hematoma – blood collecting between the skull and surface of the brain – in August 2018 in a city flat while under Lannen’s care.
Lannen told the High Court in Dundee that the baby became unwell because he “soothed” him too much while holding him over his shoulder.
Five doctors previously told the court that the child’s injuries were not accidental and were as a result of “abusive head trauma” with one medic comparing the baby’s condition to a crash victim.
An eminent neurosurgeon said the boy “almost certainly” would have died had emergency surgery not been performed at Ninewells Hospital.
The boy was found with a midline shift – displacement across the central line of the brain – of around 2cm. A shift of 5mm is usually when emergency surgery is carried out to prevent death.
Multiple retinal haemorrhages in one eye were also discovered which is associated with serious trauma.
‘Wicked recklessness’
In her closing speech, advocate depute Leanne McQuillan urged the 15-person jury to take account of the medical evidence and said Lannen’s actions amounted to attempted murder.
The prosecutor said: “While not intending to kill him, what the accused did displayed wicked recklessness.
“At the time of inflicting the injuries, the actions of the accused were such that in that moment, he had complete disregard for the consequences of his actions and did not care, in that moment, whether (the child) lived or died.
“He was a four-month-old baby. Not mobile. It’s surely obvious that to shake a four-month-old baby or inflict an impact injury is extremely dangerous.”
Ms McQuillan added: “It’s especially apparent when you look at what the other doctors say about the nature of the shaking.
“The massive blood clot. The eye injury. The type of force generated in a high velocity car crash.”
The court was told how all five of the doctors who gave evidence cited shaking as the most likely scenario for the boy’s injuries.
Consultant paediatric radiologist Dr Michael Jackson said the mechanism of shaking would have to be “sustained” and “forceful”.
Question of reasonable doubt
Michael Meehan KC, defending, focused on whether or not the jury could be satisfied beyond reasonable doubt that his client intended to kill the child.
He highlighted the evidence of consultant paediatrician, Dr Sarah Clegg, who said that there did not need to be a high level of force to injure a four-month-old baby.
Mr Meehan said: “The force that could cause the type of injury in this case is not necessarily murderous.
“(Dr Clegg) explained that the force may just be a couple of shakes in a moment of anger.
“Being angry is no defence. When you are considering this question, if someone lived or died, I ask you to be careful.
“Does it therefore mean that a loss of control means there’s a wicked recklessness?”
Lannen, of Whitfield Rise, denies assaulting the child at an address in Dundee on August 23 2018 by shaking him, inflicting blunt force trauma to the head and cause injury to the head through unknown means.
It is alleged that this caused the child severe injury, permanent impairment, endangered his life and was an attempt to murder him.
Lord Young sent the jury out to consider its verdict just before 11am on Tuesday. The court was adjourned for the day at 12pm.
Deliberations will resume on Wednesday morning. The trial continues.
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