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Stepfather of Ayeeshia Jane Smith found guilty over toddler's death Ayeeshia Jane Smith's mother found guilty of murdering toddler
(about 1 hour later)
A stepfather has been found guilty of causing or allowing the death of a “happy and smiley” 21-month-old toddler at the family home. A mother has been found guilty of murder after stamping to death her 21-month-old child at the family home.
Matthew Rigby, 22, was unanimously convicted by Birmingham crown court jury on Friday in connection with the death of Ayeeshia Jane Smith at a flat where he lived with the girl’s mother in Burton upon Trent, Staffordshire, on 1 May 2014. Kathryn Smith, 23, was convicted of killing Ayeeshia Jane Smith at the flat where they lived in Burton-upon-Trent in Staffordshire, on 1 May 2014.
However, he was cleared of murdering the child, whom prosecutors said had been stamped to death, and of cruelty to a child under 16. Her former partner Matthew Rigby, 22, was earlier found guilty of causing or allowing her death, but cleared of murder at Birmingham crown court.
The toddler’s mother, Kathryn Smith, 23, has also been found guilty of cruelty to a child.
The jury is deliberating on a charges against Smith of murder and whether she caused or allowed Ayeeshia’s death.
Ayeeshia, known as AJ, suffered a fatal collapse at the flat just over three weeks after Derbyshire social services had discussed taking the child into care because of concerns that she was a victim of domestic abuse, the court had heard.Ayeeshia, known as AJ, suffered a fatal collapse at the flat just over three weeks after Derbyshire social services had discussed taking the child into care because of concerns that she was a victim of domestic abuse, the court had heard.
The girl died from a fatal heart laceration most likely caused by a foot stamp and the sort of injury doctors only usually see in crash victims.
When the jury cleared Rigby of murder, he mouthed “thank you” but broke down in tears as they found him guilty on the lesser charge.
Meanwhile Smith wept uncontrollably in the dock, dabbing away the tears after the jury convicted her of cruelty.
Smith, of Sandfield Road, and Rigby, of Sloan Drive, both in Nottingham, had denied having anything to do with the child’s death throughout a six-week trial.
The girl’s mother claimed she had left Rigby alone with her daughter for “a couple of moments” when she went to get some juice, while in his evidence her ex-partner told jurors it “must have been her”.
Rigby and Smith had also been in a relationship right up until the start of the trial. Smith gave a silver-coloured locket containing the dead girl’s ashes to Rigby while at court and the pair were also seen embracing in a private room, off the court dock.
In evidence it emerged Ayeeshia had suffered what one medical expert told the jury was “a concerning pattern” of injuries including an historic brain bleed which went undiagnosed.
A serious case review has been launched by the Derbyshire safeguarding children board to look at health and social services’ involvement in the lead-up to the child’s collapse.
Twice after the couple began dating, the girl was taken to hospital, including one incident which a consultant paediatrician later described to the jury as “an apparent life-threatening incident” at a Swadlincote flat on February 3 2014.
Smith had been out shopping while Rigby said he was about to take a shower when he claimed to have heard a noise only to find Ayeeshia lying in her cot and turning blue.
She was diagnosed at hospital with a “febrile fit” linked to a high temperature and later allowed home, but a consultant paediatrician later told the jury there seemed little basis for such a conclusion.
The couple also gave opposing accounts in court of what happened on March 19 2014, when Ayeeshia ended up at Burton’s Queen’s Hospital with a badly cut lip following a fall in the bath.
Jurors heard how Smith had a history of troubled relationships with different men. Ayeeshia had been known to social services since birth and was taken into care for a period by social services in mid-2013, when Smith was dating another man.
Smith then began a relationship with former electrician Rigby, but the jury of five women and seven men also heard evidence of their turbulent relationship.
In January 2014, there were reports of domestic incidents between Smith and Rigby, and a child protection medical was carried out on Ayeeshia after cuts to her chin and lip were seen, and a bald patch appeared on her head.
No further concerns were raised however and the child went home with her mother.