British couple finally cleared over boy's salt death

Overconfident forensic science again

A BRITISH couple, jailed for using salt to poison a three-year-old boy in their care who they wanted to adopt, were cleared of causing his death yesterday. Ian and Angela Gay were found not guilty after a six-week retrial at Nottingham Crown Court of the manslaughter of Christian Blewitt. Blewitt died as a result of having excessive amounts of salt in his blood and suffering a head injury. The couple were jailed for five years in January 2005 but were released on bail last year when the Appeal Court quashed their original conviction and ordered a retrial.

New evidence had emerged that the boy was suffering from a rare medical condition that allows sodium levels to build up in the body to a point of overload. Their lawyer said that in those circumstances it could be argued that Christian died from natural causes. He had told Appeal Court judges that the original jury at Worcester which convicted the Gays was never given an opportunity to consider that option. At the original trial, prosecutors argued the couple, from Halesowen, West Midlands, had poisoned the toddler with salt when he was disobedient, and that the raised sodium levels in his blood had caused his brain to swell. Christian died just over a month into his placement with the couple.

"We have waited for years for this moment and finally justice has been done," Angela Gay said outside the court yesterday. "We would like to thank our family, friends, and our legal team. They have been wonderful. "They have all supported us so magnificently and we would now appreciate some time alone to gather our thoughts before commenting further."

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Australia: Three years only for rape

A BOAT Harbour man who bound a woman with a phone cord before raping her in her own bed could be released from jail in three years. Andrew Denis Dare, 24, of Ridges Rd, Boat Harbour, was yesterday sentenced to five years prison, with a minimum of three, by Justice Shan Tennent. He pleaded guilty last month to nine charges including rape, aggravated sexual assault, aggravated burglary and robbery.

Police outside the court were angered by the sentence and called for a review of sentencing for rape. A victims support group said the sentence was at the lower end of the scale, given the maximum for rape was 21 years. The attack occurred at Sisters Beach. In sentencing, Justice Tennent said the attack by Dare had been a random home invasion on a stranger which had a huge impact on the victim. "Her life is unlikely to ever be the same and her ability to live has been severely impacted," Justice Tennent said. "The physical treatment could have left her disabled (because of an existing injury) and it was only by good luck that it didn't."

She said Dare's counsel highlighted the fact he had pleaded guilty on his first appearance in court, and had contended the prosecution case may have not been as strong as expected. "While I accept you did enter a plea at your first chance, I won't accept that the case was weak," the judge said. "A psychological report says your addiction to drugs and ongoing depression has affected your judgment and control of your actions. "But the facts put demonstrate you clearly considered the possible consequences in that you sought to prevent physical evidence being available to police by forcing her to bite her fingernails off and by using a makeshift condom. "This somewhat derogates the view that you were out of control."

She convicted Dare on all counts and sentenced him to five years in prison, with a minimum of three years. He was also placed on the sex offenders register for 10 years.

Outside court police questioned the term, saying it was at the lower end of the scale. Survivors Confronting Child Abuse and Rape state secretary Dot Boxhall also queried the sentence. Ms Boxhall said she hoped it included some form of mandatory counselling and monitoring of Dare to ensure he had been rehabilitated on release. "I expect there will be a level of outrage in the community," Ms Boxhall said. "The maximum sentence (for rape) is 21 years and it seems at the lower end of the scale. "The only way we can educate the community is by actually informing them that this person will undergo mandatory counselling that is measured. "This is a crucial element the community needs to be informed about, and all judges have a responsibility to see that counselling is mandatory."

Attorney-General Steve Kons said yesterday it was not his role to comment on individual cases. "However, I wish to assure those members of the public that have expressed their feelings about what they see as lenient sentencing of rapists that I understand their concerns," Mr Kons said. "I also note the comments of our hardworking police expressing similar concerns. "I reiterate that I have already instigated an examination of sex offender sentencing by the Tasmania Law Reform Institute. "I want to be very clear that under current Tasmanian law, judges presiding over the sentencing of rapists are able to hand down a maximum penalty of 21 years prison. "The reasons lesser sentences are applied are solely for the judge to determine and explain."

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