Brandon accused is 'wrong person'

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The lawyer acting for a man accused of murdering a 23-month-old toddler has told a jury the "wrong person" is in the dock for the crime.

The remarks were made during closing speeches at the High Court in Glasgow where Robert Cunningham, 23, denies murdering Brandon Muir in March 2008.

Ian Duguid QC said there was not enough evidence to convict his client and called for him to be acquitted.

Prosecutors insisted there was enough "circumstantial" evidence to convict.

However, charges that Mr Cunningham repeatedly and wilfully ill-treated Brandon and another young boy in Dundee have been withdrawn by prosecutors.

Brandon died on 16 March last year at Ninewells Hospital in the city after suffering a ruptured intestine caused by blunt force to his abdomen.

The evidence that you have before you does not identify him as the killer at all Ian Duguid QC A post-mortem examination of the child's body revealed he had suffered over 40 injuries, including four broken ribs.

Brandon's mother Heather Boyd, 23, who was accused of her son's culpable homicide and ill-treating him, was cleared last week of all charges against her.

'Medical assistance'

Mr Duguid told the court that the "crucial" piece of evidence to acquit his client had come from two consultant paediatricians who said Brandon would have been sick immediately and lain quietly after being injured.

The 19-day trial heard from Mr Cunningham and Ms Boyd that the child began vomiting some time after the accused had been left caring for Brandon and that he was standing when his mother returned from the shops.

Mr Duguid said: "There are two people with the same opportunity and you're sitting with a piece of evidence that suggests that the person who had the child when it was sick is almost certainly going to be the killer.

"In my submission they (the Crown) have the wrong person.

"The evidence that you have before you does not identify him as the killer at all.

"The consequences of that is that you must acquit him."

Prosecutor QC, James Wolffe, reminded the jury of the testimony of consultant paediatric pathologist Alan Howatson who told of bruising around Brandon's spine which was consistent with force being applied to the toddler's abdomen while he was standing against a flat surface.

Brandon Muir died after his intestine rupturedMr Cunningham told the court on Thursday that while Ms Boyd was at the shops he took Brandon to a wall and asked him to stand there as punishment for twice climbing up onto a window ledge.

Mr Wolffe also stressed that the accused failed to call a doctor when Brandon was sick that evening.

He said: "You could infer that Robert Cunningham was avoiding getting medical assistance."

Jurors will hear from trial judge John Morris QC on Tuesday before they retire to consider a verdict.

Mr Cunningham denies murder by assaulting Brandon so severely on 15 March last year, at two flats in Balunie Crescent, that he died the following day in hospital.