Northwest Evening Mail, 4th Feb 2003

THE government has pledged to change the law to stop parents who kill their children from getting away with murder.

Home Office minister Hilary Benn has promised legislation at the "earliest possible opportunity".

The news signals a victory for the Evening Mail and Barrow MP John Hutton, who have led demands for an urgent legal shake-up following the tragic death of Barrow baby Angus Fell.

Furness coroner Ian Smith accused the baby's parents, Anthony Fell, 43, and his wife Angela, of High Lea Walk, Ormsgill, of fabricating evidence to suggest their tiny son had been a cot death victim.

He recorded a verdict of unlawful killing but said he was sure beyond all reasonable doubt that six-month-old Angus had been violently shaken to death by either his father or mother.

But they escaped prosecution as there was no conclusive proof which parent shook the child.

Mr Benn said a commission of experts including the NSPCC, a judge, police chiefs and a law professor - were considering how the law could be amended to close the loophole.

In a letter to Labour minister Mr Hutton, he said the group had studied Angus Fell's case.

Mr Benn said: "David Blunkett is urgently considering what steps might be taken to change the law to increase the prospect of convictions without enhancing the risk of the innocent being wrongly convicted.

"It will be apparent from the above that a great deal of consideration is being given to this very difficult problem. A number of proposals have been made.

"These include a change in the law to allow cases to proceed beyond the half -ay stage, that is the close of the prosecution case, even if by then there is insufficient evidence to justify conviction.

"They also include changes to the laws of evidence to extend the rules enabling inferences to be drawn from silence and to enable reliance to be placed on out of court statements by a co-accused.

"Irrespective of the outcome of this consideration I think there is a good case to introduce a separate, aggravated offence based on cruelty or neglect, and to extend the concept of absolute liability for a child's safety."

This could include making it a criminal offence, punishable by a jail term, to refuse to give evidence on who inflicted the injuries to the child, he said.

This would have meant Angus's parents could have been prosecuted.

Mr Hutton said he was delighted at work being done by the commission.

He said: "These are very difficult matters and it is of course correct that the law must both allow for the conviction of the guilty whilst at the same time protecting the innocent.

"There is no question in my mind that the law must offer the greatest possible protection to young children and there does appear to be a good case for a separate offence based on cruelty or neglect.

"I very much hope this hard work will be translated into legislation that provides greater protection to young children.

"Sadly it will be too late for Angus Fell and other victims."

Angus died in December 1999 after emergency crews were told he was having difficulty breathing.

At the inquest in September last year, Angus's parents were accused of repeatedly changing their story when questioned by doctors.

Expert medical witnesses said the baby's fatal injuries were caused by extremely violent shaking.

Mr Smith concluded Mr Fell and his wife concocted an alibi to suggest their son died naturally so the finger of suspicion was not pointed at them.

He said the law prevented him naming which parent he thought had shaken the baby, although he was fairly confident he knew.

Last October Mr Fell, 43, was found hanged at his home.