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Fit may have caused toddler death Fit 'may have caused child death'
(20 minutes later)
A babysitter convicted of murdering her neighbour's two-year-old son was the victim of a "serious miscarriage of justice", the Court of Appeal heard. A babysitter convicted of murdering her neighbour's two-year-old son was the victim of a serious miscarriage of justice, the Court of Appeal heard.
Suzanne Holdsworth, 37, of Hartlepool, was jailed for life after a trial jury was told she repeatedly battered the child's head against a wooden banister. Suzanne Holdsworth, 37, of Hartlepool, was jailed for life after a court heard she repeatedly battered Kyle Fisher's head against a wooden banister.
However, her barrister at the appeal in London, said new medical evidence now made her conviction unsafe. However, her barrister at the appeal in London said new medical evidence now made her conviction unsafe.
The evidence pointed to Kyle Fisher's death resulting from an epileptic fit. He said evidence pointed to Kyle's death resulting from an epileptic fit.
Holdsworth was accused of having snapped while minding the boy at her home in Millpool Close while the child's 19-year-old single mother was on a night out.Holdsworth was accused of having snapped while minding the boy at her home in Millpool Close while the child's 19-year-old single mother was on a night out.
Suzanne Holdsworth was sentenced in April, 2005 Suzanne Holdsworth was sentenced in April 2005
Holdsworth consistently denied injuring the child and claimed he had suffered a fit as they sat watching television.Holdsworth consistently denied injuring the child and claimed he had suffered a fit as they sat watching television.
But a jury at Teesside Crown Court in 2005 found her guilty of murder.But a jury at Teesside Crown Court in 2005 found her guilty of murder.
The court had heard that the impact on the child's head was similar to being thrown from a car at 60mph.The court had heard that the impact on the child's head was similar to being thrown from a car at 60mph.
Kyle was rushed to hospital after the incident at his Troutpool Close home in Hartlepool in August 2004, but died two days later from severe brain swelling. Kyle was rushed to hospital after the incident at his home in Troutpool Close, Hartlepool, in August 2004, but died two days later from severe brain swelling.
Henry Blaxland QC said new expert evidence suggested his injuries may have been caused up to 10 days before his death. Henry Blaxland QC said new expert evidence suggested his injuries may have been caused up to 10 days before his death by a prolonged epileptic seizure.
This contradicted evidence given at the trial that he must have been injured in the 75 minutes he was with the babysitter, said Mr Blaxland.This contradicted evidence given at the trial that he must have been injured in the 75 minutes he was with the babysitter, said Mr Blaxland.
He said doctors who gave evidence at the trial "got it wrong" and "collectively failed to diagnose" that the child had a "highly unusual brain", with abnormalities which predisposed him to epilepsy. He said doctors who gave evidence at the trial "got it wrong" and "collectively failed to diagnose" that the child had three abnormalities of the brain, two of which in particular predisposed him to epilepsy.
The appeal is expected to last four days.The appeal is expected to last four days.