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Ayeeshia Jane Smith's mother found guilty of murdering toddler Ayeeshia Jane Smith's mother found guilty of murdering toddler
(about 2 hours later)
A mother has been found guilty of murder after stamping to death her 21-month-old child 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.
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.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.
Her former partner Matthew Rigby, 22, was earlier found guilty of causing or allowing her death, but cleared of murder at Birmingham crown court. Throughout the six-week trial, Smith denied having anything to do with her daughter’s death. She was also convicted of cruelty to a child at the end of what the lead police investigator described as a “harrowing, horrible and heartbreaking” case.
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. Smith’s former partner Matthew Rigby, 22, who also protested his innocence throughout the trial at Birmingham crown court, was earlier found guilty of causing or allowing the toddler’s death but was cleared of murder.
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. Ayeeshia, also known as AJ, suffered a fatal collapse at home just over three weeks after Derbyshire county council social services had discussed taking her into care due to fears that Smith was a victim of domestic abuse.
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. According to pathologists, the toddler died from a fatal heart laceration most likely caused by a foot stamp – the sort of injury doctors usually see only in crash victims.
Meanwhile Smith wept uncontrollably in the dock, dabbing away the tears after the jury convicted her of cruelty. A serious case review launched by the Derbyshire safeguarding children board to look at health and social services’ involvement in the lead-up to the child’s collapse will now examine new evidence that emerged during trial, the body said.
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. Smith claimed in court that she had left Rigby alone with her daughter for “a couple of moments” on the day of her death while she went to get some juice. However, her ex-partner provided jurors with a different account in the witness box, saying it “must have been her” who killed Ayeeshia.
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”. It emerged that Ayeeshia had what one medical expert told the jury was a concerning pattern of injuries, including a historical brain bleed that had gone undiagnosed.
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. Twice after the couple began dating, the girl was taken to hospital, once after what a consultant paediatrician later described to the jury as “an apparent life-threatening incident” on 3 February 2014.
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. Smith had been out shopping and Rigby said he had been about to take a shower when he claimed to have heard a noise and found Ayeeshia lying in her cot and turning blue.
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. She was diagnosed at hospital with a febrile fit linked to a high temperature and was later allowed home. A consultant paediatrician told the jury there seemed little basis for such a conclusion.
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. The couple gave opposing accounts in court of what happened on 19 March 2014 when Ayeeshia ended up at Burton’s Queen’s hospital with a badly cut lip.
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. There had been reports of domestic incidents earlier in the year between Smith and Rigby, who had two previous convictions for assault. A child protection medical evaluation was carried out on Ayeeshia after cuts to her chin and lip and a bald patch appeared on her head. No further concerns were raised however and the child went home with her mother.
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. In the early hours of 4 April 2014, Smith called 999 after a heated row between the couple, claiming her partner had threatened to torch the flat.
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. On a recording of that call, the little girl’s voice could be heard saying “Mummy?” and crying as the couple argued with each other.
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. The previous month a next-door neighbour heard a row and the voice of an little girl saying “stop Mummy, stop Daddy,” the court heard.
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. Ayeeshia’s case was discussed by care workers after the April 999 call came to light but they decided to provide domestic abuse support to Smith and to continue to monitor the situation.
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. Stephen Crean, a former senior social worker, told the jury he had no safeguarding concerns in relation to Rigby, but said Smith had been asked to sign an agreement pledging not to see him. Smith, described by one social worker as “isolated”, refused to sign the document.
No further concerns were raised however and the child went home with her mother. The child remained with her mother but at a key child safeguarding meeting the day before Ayeeshia’s death it was agreed that a domestic abuse professional would visit Smith. Crean texted Smith to arrange the visit, but in the late afternoon of 1 May, Ayeeshia collapsed at home and never recovered.
Smith and Rigby, both from Nottingham, will be sentenced on Monday. The couple’s relationship continued after the death and Smith was seen giving a silver-coloured locket containing her daughter’s ashes to Rigby while at court.
Ayeeshia’s natural father, Ricky Booth, said in a court statement after the verdicts: “I now wish my daughter had been placed in permanent care as she may well have been alive and still with us now.
“Nothing will bring my daughter back and I hope in time the anger goes away and I am left with the limited time I had with AJ and not the thought of her suffering.”