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Samuel Harry inquest: Father calls for law change Samuel Harry death: Police to review case
(about 1 hour 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. Police will begin a fresh review into the death of toddler Samuel Harry after a coroner ruled he was unlawfully killed.
Nicholas Harry's son Samuel, from the Bedford area, died in 2013 from deliberately inflicted brain injuries. Bedfordshire, Cambridgeshire and Hertfordshire Major Crime Unit (MCU) initially investigated the death of the 19-month-old in Bedford in 2013.
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. The coroner said Samuel's mother Deanna Buffham and her ex-partner Ryan Bate had hidden the truth.
An inquest on Thursday found that those individuals had hidden the facts. But neither has been prosecuted, with each blaming the other.
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 decision to reopen the case follows the judgement at Ampthill Coroners' Court on Thursday, which said Ms Buffham and Mr Bate had failed to give honest accounts of the truth.
The CPS believes, however, that there is insufficient evidence to suggest they acted jointly. In January the Crown Prosecution Service (CPS) said there was "no realistic prospect" of a prosecution under current law, and that there was insufficient evidence to suggest the two suspects had 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. Samuel died of brain injuries that were deliberately inflicted, but Ms Buffham and Mr Bate both said each other was responsible for the child's death.
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. They 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.
Samuel's father Nicholas Harry had earlier 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", Mr Harry said.
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: The head of the MCU, Detective Superintendent Paul Fullwood, said "in light of the coroner's verdict I will be instigating a fresh review of the case".
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. "No unsolved murder is ever closed and we will do everything we can in order to bring those responsible to justice."
'Know the truth' Ryan Bate's lawyers said he had "fully complied" with the initial police investigation in 2013.
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".
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".
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.Watch the full interview with Nicholas Harry on the Victoria Derbyshire programme website.