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Baby-shake death: Ex-Marine Colin Scholey appeal rejected | Baby-shake death: Ex-Marine Colin Scholey appeal rejected |
(about 9 hours later) | |
A former Royal Marine jailed for six years for shaking a four-month-old boy to death has failed in a bid to have his conviction overturned. | |
Colin Scholey, 31, lost his temper while looking after Thomas Preece at his home in Sonning Common, Oxfordshire, in June 2009. | Colin Scholey, 31, lost his temper while looking after Thomas Preece at his home in Sonning Common, Oxfordshire, in June 2009. |
Thomas, the son of Scholey's girlfriend's sister, died hours later in hospital from severe head injuries. | Thomas, the son of Scholey's girlfriend's sister, died hours later in hospital from severe head injuries. |
The Court of Appeal rejected claims the baby had been hurt the previous night. | The Court of Appeal rejected claims the baby had been hurt the previous night. |
Scholey, of Blounts Court Road, Sonning Common, was found guilty of manslaughter at Reading Crown Court following a trial in July 2011 | Scholey, of Blounts Court Road, Sonning Common, was found guilty of manslaughter at Reading Crown Court following a trial in July 2011 |
Medical evidence suggested it was highly likely Thomas had been injured when shaken by Scholey. | Medical evidence suggested it was highly likely Thomas had been injured when shaken by Scholey. |
At the time, Scholey put forward no explanation for the injuries, other than to suggest that Thomas had been hurt when another child fell on him. | At the time, Scholey put forward no explanation for the injuries, other than to suggest that Thomas had been hurt when another child fell on him. |
At a hearing at the Court of Appeal in London, his lawyers claimed it might possibly have been Thomas' parents who accidentally caused his death. | At a hearing at the Court of Appeal in London, his lawyers claimed it might possibly have been Thomas' parents who accidentally caused his death. |
Fresh evidence from a neuropathologist suggested Thomas may have been hurt the night before Scholey looked after him and yet appeared well for hours. | Fresh evidence from a neuropathologist suggested Thomas may have been hurt the night before Scholey looked after him and yet appeared well for hours. |
However Lord Justice Jackson said the injuries from which Thomas died were so severe that he would not have behaved normally in the time before he died. | However Lord Justice Jackson said the injuries from which Thomas died were so severe that he would not have behaved normally in the time before he died. |
He concluded: "We don't think the evidence is capable of belief by a jury." | He concluded: "We don't think the evidence is capable of belief by a jury." |
Scholey's conviction was upheld. | Scholey's conviction was upheld. |
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