Court of Appeal Finds Serious Errors in Infanticide Trial

The Court of Appeal has quashed the convictions of a woman found guilty of murdering her baby and attempting to murder her toddler, citing serious errors in the original trial. The convictions, handed down in 2023, were overturned in 2025, and a retrial was ordered.

The appellate court examined three grounds for appeal: the conduct of the prosecution, the evidence provided by an expert witness, and the handling of the case by the trial judge. The court found that "serious errors in the conduct of this trial which began with the prosecution's misconduct were compounded by the expert witness and the judge."

The defense team had argued that the original judge, Donna McColgan, failed to ensure a fair trial. Their arguments highlighted flaws in the testimony of expert witness Dr. Richard Bunn and contended that the prosecutor, Richard Weir KC, engaged in misconduct in his dealings with Dr. Bunn before and during the trial.

During the 2023 trial, two psychiatrists testified. Dr. Murphy, an expert in infanticide, stated that the woman was suffering from severe depression that substantially impaired her rational decision-making and self-control, suggesting the defense of infanticide was applicable. Dr. Murphy also indicated that the mother appeared to be a victim of coercive control by her partner, the children's father.

Further scrutiny by the appeal court revealed discrepancies in Dr. Bunn's report. A quote attributed to the woman in his report stated: "he destroyed my life, so I destroyed his." However, his original notes contained only "he destroyed my life." The judgment noted that when questioned about this difference, Dr. Bunn initially admitted to lying about the woman's statement but later recanted this admission.

The defense had raised concerns with the judge about Dr. Bunn's evidence concerning "spousal revenge," noting its absence from his official notes and reports. It also emerged that Dr. Bunn and prosecutor Richard Weir KC had an unrecorded hour-long phone call before Dr. Bunn testified.

The Court of Appeal concluded that "Dr Bunn's evidence was not evidence that a jury could rely on in a case of this nature." Regarding the prosecutor's actions, the court found that "the prosecutorial conduct in this case to have fallen below the recognised standards of good practice."

Infanticide is legally defined as the unlawful killing of a child under 12 months by its biological mother, when her mental state is disturbed at the time of the act.