Five-week-old baby died after neck was ‘snapped’ during days of abuse, jury told

Kayleigh Driver and father Michael Davis deny any wrongdoing over the death of their son Ollie, who suffered 23 broken ribs and 14 other fractures.

A five-week-old baby died from the delayed effects of a broken neck inflicted up to eight days previously, having also suffered 23 broken ribs, his parents’ murder trial has heard.

A jury at Leicester Crown Court was told Ollie Davis was pronounced dead after being found lifeless in his bedroom in 2017, having sustained fractures to his skull, collar bone, both arms and the joints of all his limbs.

Prosecutors allege Ollie was injured while in the care of his mother Kayleigh Driver and father Michael Davis, who both deny murder and causing or allowing death.

What the pathology investigation can tell us is the neck was snapped between four and eight days prior to his death

Crown counsel Jonas Hankin KC

Opening the Crown’s case on Wednesday, Crown counsel Jonas Hankin KC told jurors: “The case concerns the death of five-week-old Ollie Davis on the morning of the 21st of October 2017.

“He was found lifeless in his crib in the bedroom that he shared with his parents at Upper Temple Walk here in Leicester.

“An ambulance was called and he was taken to the Leicester Royal Infirmary. However, medical staff were unable to revive him and at 7.30am it was agreed that attempts to resuscitate him should be discontinued.

“He was then pronounced dead. He died from the delayed effects of a broken neck.”

Alleging that some of the injuries Ollie had suffered were inflicted days before he was taken to hospital, Mr Hankin added: “Although the pathology doesn’t allow us to identify the precise mechanism with certainty… the (medical) experts engaged in this case on all sides are agreed that the neck injury led to compression of the spinal cord, which in turn stopped Ollie breathing.

“What the pathology investigation can tell us is the neck was snapped between four and eight days prior to his death.”

Ollie could not have caused the injuries to himself - he was a five-week-old pre-mobile baby

Prosecutor Jonas Hankin KC

Mr Hankin submitted that the evidence would make the jury sure that one of Ollie’s parents was the “perpetrator” of his injuries.

“This will be the key issue for you to determine at trial,” he told the court.

The Crown’s barrister added: “A broken neck was not the only injury Ollie sustained. Medical investigation revealed Ollie had sustained a total of 37 fractures.

“They included fractures to the skull, his collar bone, both arms between the shoulder and the elbow, 23 rib fractures and fractures to the joints of all four limbs.

“He also suffered brain injuries, bleeding over the surface of the brain.”

The injuries were inflicted over various overlapping time-frames of up to 10 days before death, the court heard.

Mr Hankin continued: “Ollie could not have caused the injuries to himself – he was a five-week-old pre-mobile baby.”

These injuries and the events that caused them could not have taken place in a single episode of violence

Prosecutor Jonas Hankin KC

Neither Driver, who was diagnosed with multiple sclerosis last year and appeared before the jury sitting on a mobility scooter, nor Davis had put forward an account of an accident or accidents to explain the injuries, Mr Hankin said.

Davis, 29, denies two counts of causing grievous bodily harm with intent, causing or allowing a child to suffer serious physical harm, causing or allowing the death of a child, and murder.

Driver, 31, also denies causing grievous bodily harm with intent, causing or allowing a child to suffer serious physical harm, causing or allowing the death of a child, and murder.

Mr Hankin said the Crown would argue that Ollie was subjected to serious physical abuse “most likely to have taken place during the last 10 days of his life”.

“The nature of these injuries is such that multiple mechanisms were required to cause them,” he asserted. “Severe compressive force is required to cause the rib fractures.

“These injuries and the events that caused them could not have taken place in a single episode of violence.”

Referring to an injury to Ollie’s left first rib, Mr Hankin told the jury: “It might be important because it is common ground between the defendants that Mr Davis was in sole charge of Ollie overnight on the 20th and the 21st of October.

“If you are satisfied that that was an inflicted injury then he must have been the perpetrator because he was the sole adult carer responsible for the baby at around the time the injury must have been caused.

“You may think also that it’s most likely that he is the perpetrator of all of Ollie’s other abusive injuries.”

The court heard both defendants deny any wrongdoing, each saying that they did not cause their son any physical harm at all.

The trial continues.