Licence to kill it seems

CRUEL parents whose little baby was battered to within an inch of his life walked free from court - because of a loophole in the law.
Tot Eli Lowery was just eight months old when he suffered a litany of horrific wounds including a fractured skull and "non-accidental injuries" all over his tiny body.

But when his mother Zara Lowery and her former partner, Eli's ex-step-dad, Michael Dowse, both refused to say who had done it - they were allowed to walk FREE.




The pair's refusal to point the finger, or admit to anything meant prosecutors could not prove who had dealt the blows and charges of inflicting grievous bodily harm with intent had to be dropped.

But they did plead guilty to the lesser charge of child cruelty - leaving a judge no option but to free them on suspended prison sentences.

Horrified child welfare groups are demanding the Government closes the loophole to secure justice for victims such as Eli.

Recorder Baker at Newcastle Crown Court said: "It was originally alleged these two had caused grievous bodily harm with intent, however neither of them acknowledge they were responsible or that the other person was responsible for the injuries.

"For good reason the crown considered they were not in a position where they could prove that original indictment.

"On the one hand a child of tender years has suffered serious injuries.

"But the two accused cannot be sentenced on the basis that they caused the injuries."

The court heard how Eli had suffered a bump on his head in March last year but instead of taking him to hospital Lowery had called NHS Direct.

Prosecutors insist she should have sought proper medical help but it was not until nine days later she took him to see a doctor.

The family's GP was so concerned by the severity of the injuries he referred Eli directly to hospital.

There horrified staff found bruising to his forehead, nose, cheek, behind his ear and on his arms and legs.

He also had a cut below his scrotum and other injuries to his buttocks area which could only be caused by "significant force".

Doctors also found the tot had fractures to his skull.


Robert Adams, prosecuting, said: "The doctor concluded he had significant unexplained bruises and a fracture to his skull.

"These injuries were likely to have been caused by repeated blows to the head and body."

Although the prosecution could not say for sure who had inflicted the injuries, Mr Adams said it should have been obvious to both Lowery and Dowse someone was hurting the child.

He said: "They each must have known who the perpetrator was and the delay in getting help amounts to neglect. There was a series of assaults and these two are both responsible for failing to protect the child."

Dowse, 26, and Lowery, 25, both pleaded guilty to child cruelty on the basis of neglect and exposing the child to behaviour likely to cause suffering between March and April last year.

They were each given 12 months in jail, suspended for two years, with supervision.

The pair are no longer together but Dowse has a new partner, who has two children of primary school age.

Eli, now nearly two, has made a good recovery and is with his maternal grandparents and Lowery, who still sees him, has since had another child to Dowse.

The court heard they claimed they had not realised at the time the injuries had been inflicted deliberately.

Tom Finch, for Lowery, said his client was in no doubt it was Dowse who had hurt Eli, although she did not tell police that when they were investigating.

Mr Finch said: "She accepts she neglected to take him to the hospital when she found the swelling on his head, and she accepts she should not have left him alone with Dowse. Her case is that Dowse caused the injuries."

But Penny Moreland, for Dowse said it was unfair to pin the blame on him because the prosecution could not prove who injured Eli.

NSPCC head of child protection, Chris Cloke said: "The law needs to be addressed to cover cases where a carer has inflicted serious injuries on a child" in cases where the child does not die or where it cannot be proved that the child died from the injuries inflicted."

He added: "We must secure full justice for these children who are battered and bruised at home or left with disabilities for the rest of their lives." Blyth Valley MP Ronnie Campbell also called for justice and said: "The new Government need to look at how the law could be tightened up."

A CPS spokesman said: "Here there was no admission of guilt and on the available evidence, the Crown was unable to establish to the high standard needed in a criminal case who was responsible for inflicting these terrible injuries."



Read more: http://www.thesun.co.uk/sol/homepage/news/3090746/Loophole-frees-cruel-parents.html#ixzz0wK8SNZLb



If a child is harmed or dies and the parents did it, neither parent admitting anything or blaming the other person then BOTH must be charged, if the child dies then the charges are murder and accessory to murder with a mandatory 50 year sentence minimum ( since we do not have the death penalty) plus other charges such as neglect etc and the sentences for those to be served consecutively.
Other wise they are both charged with actual bodily harm, grievous bodily harm , attempted murder, neglect and anything else they can think of and all sentences must be the maximum and served consecutively.
this way we can make sure the bastards do not get out of jail ever again and children are safe

sorry hobnob l read the first red part and can't bring myself to read anymore.

I can't believe what goes on in the world today, it's not as if we're not educated. These stories are getting to be a daily occurence and that is simply abhorrent.

Give me 5 minutes in a room with them

This 'loophole' has opened the door to all child abusers now.

This loophole should have been closed years ago.
Child abusers and killers know that if they say nothing or blame the other person they will get away with murder.
therefore we need to bring in a law that if you were there and did nothing then you are as guilty as the person who did it and will therefore face the exact same sentence.
That way there is no escape for abusive parents and a damn good incentive for the non abusive parent to actually do something about it rather than do nothing.
If they know that they are going to do 50 years for standing by whilst their partner attacked their child then maybe they will take that child to a place of safety and get medical treatment for it.
Doing nothing should b not be a get out of jail free card.
Saying nothing should not be a get out of jail free card.