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| Samuel Harry inquest: Father calls for law change | Samuel Harry inquest: Father calls for law change |
| (about 2 hours later) | |
| A father has called for a change in law to enable a prosecution to take place over his 19-month-old son's death. | A father has called for a change in law to enable a prosecution to take place over his 19-month-old son's death. |
| Nicholas Harry's son Samuel, from the Bedford area, died in 2013 from deliberately inflicted brain injuries. | Nicholas Harry's son Samuel, from the Bedford area, died in 2013 from deliberately inflicted brain injuries. |
| In January the CPS said there was "no realistic prospect" of a prosecution as the two suspects - Sam's mother Deanna Buffham and her former partner Ryan Bate - accuse each other. | In January the CPS said there was "no realistic prospect" of a prosecution as the two suspects - Sam's mother Deanna Buffham and her former partner Ryan Bate - accuse each other. |
| An inquest on Thursday found that those individuals had hidden the facts. | An inquest on Thursday found that those individuals had hidden the facts. |
| Ms Buffham and Mr Bate were both in the house with Samuel on the night of 20 April 2013, during the 11-hour window in which medical experts say the incident that led to his death took place. | Ms Buffham and Mr Bate were both in the house with Samuel on the night of 20 April 2013, during the 11-hour window in which medical experts say the incident that led to his death took place. |
| The CPS believes, however, that there is insufficient evidence to suggest they acted jointly. | The CPS believes, however, that there is insufficient evidence to suggest they acted jointly. |
| 'Outrageous' | 'Outrageous' |
| Mr Harry's petition to Parliament to modify the law has been supported by more than 22,000 signatories on the website Change.org. | Mr Harry's petition to Parliament to modify the law has been supported by more than 22,000 signatories on the website Change.org. |
| Mr Harry told the Victoria Derbyshire programme that it "doesn't make sense" that Ms Buffham and Mr Bate should both still be free of prosecution. | Mr Harry told the Victoria Derbyshire programme that it "doesn't make sense" that Ms Buffham and Mr Bate should both still be free of prosecution. |
| He explained: "It's been confirmed by the coroner it was an unlawful killing. It's been confirmed by numerous medical experts and the police that it's only one of two people [who could be responsible]." | He explained: "It's been confirmed by the coroner it was an unlawful killing. It's been confirmed by numerous medical experts and the police that it's only one of two people [who could be responsible]." |
| "And these two people are still walking on the streets. They've got no criminal record, they've got nothing to stop them working in schools or being around children. | "And these two people are still walking on the streets. They've got no criminal record, they've got nothing to stop them working in schools or being around children. |
| "As it stands they haven't faced a single charge, and it's outrageous." | "As it stands they haven't faced a single charge, and it's outrageous." |
| Under current law, to bring an offence of causing or allowing the death of a child or young adult - when the co-accused remain silent or blame each other - the prosecution would have to prove that: | Under current law, to bring an offence of causing or allowing the death of a child or young adult - when the co-accused remain silent or blame each other - the prosecution would have to prove that: |
| In the case of Samuel, because the evidence shows Ms Buffham and Mr Bate had previously been caring towards him, none of these conditions were met. | In the case of Samuel, because the evidence shows Ms Buffham and Mr Bate had previously been caring towards him, none of these conditions were met. |
| 'Know the truth' | 'Know the truth' |
| The BBC's Clive Coleman described it as a "legal loophole", which it would be for Parliament to change. | The BBC's Clive Coleman described it as a "legal loophole", which it would be for Parliament to change. |
| Mr Harry's comments follow the judgement at Ampthill Coroners' Court on Thursday, which said the death of Samuel had been the result of an "unlawful killing". | Mr Harry's comments follow the judgement at Ampthill Coroners' Court on Thursday, which said the death of Samuel had been the result of an "unlawful killing". |
| The coroner added that Ms Buffham and Mr Bate "know the truth". | The coroner added that Ms Buffham and Mr Bate "know the truth". |
| Ryan Bate's lawyers said he had "fully complied with the police investigation, after which the police decided to take no further action". | Ryan Bate's lawyers said he had "fully complied with the police investigation, after which the police decided to take no further action". |
| Deanna Buffham and her lawyers did not respond when contacted by the BBC. | Deanna Buffham and her lawyers did not respond when contacted by the BBC. |
| Watch the full interview with Nicholas Harry on the Victoria Derbyshire programme website. |