Young father acquitted in baby-abuse case

On second day of Fredericton man’s trial on aggravated assault charge, prosecution conceded there was reasonable doubt that defendant broke his infant son’s legs

A Fredericton man accused of harming his infant son three years ago was acquitted on the second day of his trial, after only a few hours of testimony.

The 21-year-old defendant stood trial before Court of King’s Bench Justice Thomas Christie, without a jury, Monday at the Burton Courthouse on a charge of aggravated assault.

The Fredericton Police Force charge alleged he inflicted severe harm on his two-month-old son between July 31 and Aug. 10, 2020.

There’s a court-ordered publication ban on the identity of the child, so the Fredericton Independent isn’t naming the father or other family members either so as to comply with the order.

The trial got underway late Monday morning, with the child’s mother - the defendant’s former partner - being called as the first witness.

She was followed by her father, the child’s grandfather, Monday afternoon.

They detailed the baby’s health issues, but the mother also referred to mental-health challenges with which the defendant struggled at times.

However, when the trial was to resume Tuesday morning, Crown prosecutor Nina Johnsen said after hearing the testimony presented Monday, she and her co-counsel, prosecutor Kathleen Jacobs, discussed the evidence and re-assessed the case.

“We came to the conclusion that the evidentiary standard to prosecute is no longer met, and therefore, we will offer no further evidence,” she said.

Defence lawyer Edward Derrah asked the court to enter an acquittal.

“That would be the appropriate outcome,” Johnsen said. “The evidence that was called would not substantiate the charge.”

Christie said he agreed the parties had taken the proper course of action.

“I could see the seeds of reasonable doubt in that evidence, so I certainly concur with the Crown’s view that the evidence as presented would be difficult for a court to say that it would meet the burden on the part of the Crown,” Christie said.

As such, the judge found him not guilty.

He told him any conditions to which he was subject as a result of the charge were no longer in effect.

The circumstances that gave rise to the charge emerged in provincial court in December 2000.

The defendant had applied to the court at that time to vary the conditions of the police undertaking to which he was subject after his arrest.

To rule on the application, provincial court Judge Julian Dickson said he’d need to hear some of the facts of the case.

A prosecutor told him the infant’s maternal grandparents brought the baby to the Dr. Everett Chalmers Regional Hospital in August 2020. They were concerned, court heard, because the baby’s legs were swollen.

Scans and examinations by medical staff revealed both of the baby’s femurs were broken, and previous fractures to the ribs and legs were detected as well.

Child-protection workers with the Department of Social Development became involved with the young family.

What the child’s status will be in light of developments in the now-scuttled criminal case wasn’t discussed in court Tuesday.

Don MacPherson can be contacted at ftonindependent@gmail.com.