Jeremy Deutsch : July 06, 2011
It’s every new parent’s worst nightmare — a child falls asleep for the night and never wakes up.
There’s no reason, no cause and no one to blame.
Though sudden infant death syndrome (SIDS) is very rare, there has been an alarming spike in the number of cases in the province.
According to the B.C. Coroners Service child death review unit, there were 21 sudden infant deaths in the first half of 2011, compared to 16 in all of 2010.
That includes one case in the Interior region.
The spike has prompted the coroners service to urge parents to educate themselves on safe sleep practices in an effort to minimize the risk of SIDS.
Sudden infant deaths occur when a previously healthy baby dies in sleep-related circumstances and no cause of death is found in an autopsy.
“The challenge is that we don’t really know why these babies die,” B.C. chief coroner Lisa Lapointe told KTW.
Some factors that increase the risk of SIDS include placing a baby on his or her stomach or side, having babies sleep on soft surfaces, having soft objects in the sleep environment, having a baby share a bed with an adult and exposing a baby to cigarette smoke during and after pregnancy.
The chief coroner noted in 11 of the 21 cases, the baby was sleeping in an adult bed and, in 10 cases, they were sharing a bed with an adult
Half of the adults sharing a bed with a baby had consumed alcohol prior to the death.
“That’s a huge risk factor,” said Lapointe, adding that, in some cases , none of the risk factors were evident and the baby still died.
The coroner recommends babies sleep in a separate crib with a firm mattress and fitted sheet.
She said toys and blankets should be kept away from the child’s face.
The coroners service will also be working with Ministry of Health officials, health-care workers and First Nations communities to share the information and provide information for parents.
Kamloops pediatrician Trent Smithsaid he’s not sure what to make of the sudden jump in SIDS cases, noting the rate has been cut in half in Canada in the last 20 years.
“In general, SIDS has gone from something you heard about not terribly uncommon to something now that’s quite rare,” he said, crediting a program to get parents to place their babies on their back when they sleep as the reason for the drop in SIDS cases.
Smith also noted B.C. has a traditionally lower rate of SIDS than the rest of the country, possibly in part from a lower smoking rate.
As a pediatrician, Smith said he always explains the SIDS risk factors to parents, but views the B.C. Coroners Service’s warning as a good reminder.
The province’s chief coroner knows how devastating a sudden infant death can be, as she has attended several cases as a coroner in the field.
“As a parent, you do everything you can to keep your child safe,” Lapointe said.
“To discover they they’ve died and there was nothing you could have done to prevent it — it’s just shocking.”
http://www.bclocalnews.com/bc_thompson_nicola/kamloopsthisweek/news/125116244.html
Showing posts with label British Columbia. Show all posts
Showing posts with label British Columbia. Show all posts
Monday, 11 July 2011
Thursday, 24 March 2011
SBS: British Columbia: Paul and Zabeth Bayne's children to be retuned to them
Robert Freeman - Chilliwack Progress
March 22, 2011
A provincial court judge has ruled that shaking was not the cause of a baby girl’s brain injuries, which led to B.C. child authorities seizing the infant and her two older brothers more than three years ago.
However, Judge Thomas Crabtree found the “unexplained injuries” while in her parents care justified the B.C. Childrens’ Ministry concern for the safety of all three children.
The father had also been suspected earlier when an arm fracture in one of the older children was reported to the ministry. But that investigation ended when the injury was diagnosed a result of the child’s premature birth.
Crabtree ruled the family is the “preferred environment” for children, and he gave the former Hope couple six months to satisfy the ministry’s safety concerns.
“Children are entitled to be protected from abuse and neglect, and this must be the overriding concern of the court,” the judge said, in his March 2 reasons for judgment.
“The opportunity is now in the hands of the parents,” he said. “The children are in need of protection.”
Parents Paul and Zabeth Bayne believe they may have only three more months to wait before all four of their children seized by the ministry are returned them.
A baby born last month was seized by the ministry shortly after birth.
“Three months isn’t such a long time to wait,” Zabeth Bayne said last week, especially given the three-year fight for custody the couple has been waging in court.
“We want to know the (ministry’s) concerns, and how they think we can address those concerns,” she said. “The question is, is the ministry going to work with us?”
Judge Crabtree found the relationship between the Baynes and the ministry “deteriorated” after the couple talked to the media about their situation, while the two older children were in the care of grandparents.
But he also found some reason for the Baynes mistrust given the “failure of the ministry to live up to the spirit” of an earlier mediation agreement.
The Baynes contended the baby’s injuries occurred when an older brother, a toddler at the time, fell on top of her and they bumped heads in August, 2007.
Zabeth took the child to hospital when she noticed a change in the baby’s feeding, and doctors there suspected it was a case of “shaken-baby” syndrome and notified the ministry.
At trial, there was conflicting medical evidence about the cause of the injuries, but Crabtree noted the court’s job is not to assign blame but to ensure the children are protected, and return them to the family, if possible.
He did not accept the “shaken-baby” diagnosis, but ruled the injuries were “unexplained” so there was some question about parental care.
But he noted that the Baynes had “put their lives and careers on hold” to maintain as much contact as possible with their children while they lived in the foster homes.
Zabeth said the couple has been taking first aid courses and parental counselling to do “all we can to make ourselves better parents,” and she looked forward to learning the ministry’s concerns.
The ministry has not commented publicly on the case since it went to court, but has told other media that its goal is to return the children to the parents when it is safe to do so.
http://www.bclocalnews.com/news/118396809.html
March 22, 2011
A provincial court judge has ruled that shaking was not the cause of a baby girl’s brain injuries, which led to B.C. child authorities seizing the infant and her two older brothers more than three years ago.
However, Judge Thomas Crabtree found the “unexplained injuries” while in her parents care justified the B.C. Childrens’ Ministry concern for the safety of all three children.
The father had also been suspected earlier when an arm fracture in one of the older children was reported to the ministry. But that investigation ended when the injury was diagnosed a result of the child’s premature birth.
Crabtree ruled the family is the “preferred environment” for children, and he gave the former Hope couple six months to satisfy the ministry’s safety concerns.
“Children are entitled to be protected from abuse and neglect, and this must be the overriding concern of the court,” the judge said, in his March 2 reasons for judgment.
“The opportunity is now in the hands of the parents,” he said. “The children are in need of protection.”
Parents Paul and Zabeth Bayne believe they may have only three more months to wait before all four of their children seized by the ministry are returned them.
A baby born last month was seized by the ministry shortly after birth.
“Three months isn’t such a long time to wait,” Zabeth Bayne said last week, especially given the three-year fight for custody the couple has been waging in court.
“We want to know the (ministry’s) concerns, and how they think we can address those concerns,” she said. “The question is, is the ministry going to work with us?”
Judge Crabtree found the relationship between the Baynes and the ministry “deteriorated” after the couple talked to the media about their situation, while the two older children were in the care of grandparents.
But he also found some reason for the Baynes mistrust given the “failure of the ministry to live up to the spirit” of an earlier mediation agreement.
The Baynes contended the baby’s injuries occurred when an older brother, a toddler at the time, fell on top of her and they bumped heads in August, 2007.
Zabeth took the child to hospital when she noticed a change in the baby’s feeding, and doctors there suspected it was a case of “shaken-baby” syndrome and notified the ministry.
At trial, there was conflicting medical evidence about the cause of the injuries, but Crabtree noted the court’s job is not to assign blame but to ensure the children are protected, and return them to the family, if possible.
He did not accept the “shaken-baby” diagnosis, but ruled the injuries were “unexplained” so there was some question about parental care.
But he noted that the Baynes had “put their lives and careers on hold” to maintain as much contact as possible with their children while they lived in the foster homes.
Zabeth said the couple has been taking first aid courses and parental counselling to do “all we can to make ourselves better parents,” and she looked forward to learning the ministry’s concerns.
The ministry has not commented publicly on the case since it went to court, but has told other media that its goal is to return the children to the parents when it is safe to do so.
http://www.bclocalnews.com/news/118396809.html
Saturday, 29 January 2011
SBS: British Columbia: Judge clears Avtar Basi, accused of violently shaking baby
CINDY E. HARNETT,
Photograph by: Debra Brash, A man accused of violently shaking an 11-week old baby girl in frustration, causing permanent brain damage, was found not guilty in Victoria provincial court Friday.
Avtar Basi, 33, was charged with the aggravated assault of Baby E.B. in the Central Saanich foster home run by his girlfriend, Micheline Slader.
After the verdict, Basi left the courthouse fighting back tears of relief.
Basi was also clutching the hand of Slader, with whom he said he planned to adopt Baby E.B., now two. The baby is so profoundly handicapped that she will require a feeding tube and 24-hour care for the rest of her life.
Basi is the only person who will ever know what happened in the five minutes and eight seconds between the end of an unremarkable phone conversation with Slader about baby formula at 9:04 a.m., on Nov. 26, 2008, and 9:09, when he called to say Baby E.B. had stopped breathing.
"No one else was there. He is the only person who does know what happened," defence lawyer John Green said Friday. "The judge accepted his evidence."
Judge Adrian Brooks ruled the Crown had not proven beyond a reasonable doubt that the force Basi used on Baby E.B. was not done for the purpose of caring for the infant and that excessive force was used.
"While Mr. Basi obviously bears a heavy moral responsibility for what he has done to the life of this child, E.B., it is not established that his is a criminal responsibility under our law and I find him not guilty," Brooks said as he read his 37-page verdict.
Slader and Basi met in Nov. 2007. By September 2008, they lived together.
Slader is the biological mother of three school-age children, and at the time was a caregiver for a children aged three, one and five months — placed with her by the Ministry of Children and Family Development.
In October 2008, Baby E.B. arrived. She was the seventh child in the home. Basi and Slader considered her the "perfect baby" and talked of adopting her.
In court, Basi testified that, on the morning of the incident everything unfolded normally — until Baby E.B. began crying loudly and arching her back. She fell limp and unconscious. In a panicked reaction, he shook her three times. She was not breathing. He called Slader, then 911.
The judge heard expert medical testimony about the child's injuries and about a condition known as "breath holding," in which children cry forcefully only to get stuck at the point of exhalation and stop breathing, faint or pass out.
In determining whether excessive force was used, the judge took into account both the physical vulnerability of an infant and the life-and-death circumstances Basi said he was facing.
"I have concluded that although the severity of the injuries is an important factor, it is only one factor," Brooks said.
"I have found that E.B. behaved suddenly and uncharacteristically. She stopped breathing. The force applied by Mr. Basi was three motions of back and forth shaking.
"The purpose of that shaking motion was an attempt to relieve that life-threatening situation.
"When the shaking did not resuscitate E.B., Mr. Basi immediately sought assistance," Brooks said. "I am not persuaded beyond a reasonable doubt that the force used was excessive."
The judge rejected focusing on a snippet of conversation during an undercover police sting when, on June 12, 2008, Basi says "Yeah" to questions such as "This kid was pissing you off, right?"
Rather, Brooks looked at the day's conversations, including Basi saying "No, no, no, no" when asked if he was angry at the time of the shaking and explained it as "strictly panic."
The entirety of Basi's comments on June 12 were consistent with his testimony, Brooks said.
Basi, with a Grade 11 education and no first-aid training, was a man of few words but direct in his testimony, Brooks said.
"There was no air of deception in his manner," Brooks said. "His demeanour was of a witness doing his best to tell the truth.
Although Basi originally lied to his girlfriend and authorities about what had happened to the baby, Brooks said: "Basi's lying about having shaken E.B. does not cause me to reject his evidence given on the stand."
Basi sat pensively in the front row of courtroom 203 as he listened to the verdict being read aloud for about an hour. Slader sat a few rows back, tightly clenching the hand of a friend. When the judge concluded, Basi eyes welled with tears.
Defence lawyer John Green described his client's emotional reaction to the verdict as "relief," and said the case had been extremely "difficult" for all concerned.
ceharnett@timescolonist.com
After the verdict, Basi left the courthouse fighting back tears of relief.
Basi was also clutching the hand of Slader, with whom he said he planned to adopt Baby E.B., now two. The baby is so profoundly handicapped that she will require a feeding tube and 24-hour care for the rest of her life.
Basi is the only person who will ever know what happened in the five minutes and eight seconds between the end of an unremarkable phone conversation with Slader about baby formula at 9:04 a.m., on Nov. 26, 2008, and 9:09, when he called to say Baby E.B. had stopped breathing.
"No one else was there. He is the only person who does know what happened," defence lawyer John Green said Friday. "The judge accepted his evidence."
Judge Adrian Brooks ruled the Crown had not proven beyond a reasonable doubt that the force Basi used on Baby E.B. was not done for the purpose of caring for the infant and that excessive force was used.
"While Mr. Basi obviously bears a heavy moral responsibility for what he has done to the life of this child, E.B., it is not established that his is a criminal responsibility under our law and I find him not guilty," Brooks said as he read his 37-page verdict.
Slader and Basi met in Nov. 2007. By September 2008, they lived together.
Slader is the biological mother of three school-age children, and at the time was a caregiver for a children aged three, one and five months — placed with her by the Ministry of Children and Family Development.
In October 2008, Baby E.B. arrived. She was the seventh child in the home. Basi and Slader considered her the "perfect baby" and talked of adopting her.
In court, Basi testified that, on the morning of the incident everything unfolded normally — until Baby E.B. began crying loudly and arching her back. She fell limp and unconscious. In a panicked reaction, he shook her three times. She was not breathing. He called Slader, then 911.
The judge heard expert medical testimony about the child's injuries and about a condition known as "breath holding," in which children cry forcefully only to get stuck at the point of exhalation and stop breathing, faint or pass out.
In determining whether excessive force was used, the judge took into account both the physical vulnerability of an infant and the life-and-death circumstances Basi said he was facing.
"I have concluded that although the severity of the injuries is an important factor, it is only one factor," Brooks said.
"I have found that E.B. behaved suddenly and uncharacteristically. She stopped breathing. The force applied by Mr. Basi was three motions of back and forth shaking.
"The purpose of that shaking motion was an attempt to relieve that life-threatening situation.
"When the shaking did not resuscitate E.B., Mr. Basi immediately sought assistance," Brooks said. "I am not persuaded beyond a reasonable doubt that the force used was excessive."
The judge rejected focusing on a snippet of conversation during an undercover police sting when, on June 12, 2008, Basi says "Yeah" to questions such as "This kid was pissing you off, right?"
Rather, Brooks looked at the day's conversations, including Basi saying "No, no, no, no" when asked if he was angry at the time of the shaking and explained it as "strictly panic."
The entirety of Basi's comments on June 12 were consistent with his testimony, Brooks said.
Basi, with a Grade 11 education and no first-aid training, was a man of few words but direct in his testimony, Brooks said.
"There was no air of deception in his manner," Brooks said. "His demeanour was of a witness doing his best to tell the truth.
Although Basi originally lied to his girlfriend and authorities about what had happened to the baby, Brooks said: "Basi's lying about having shaken E.B. does not cause me to reject his evidence given on the stand."
Basi sat pensively in the front row of courtroom 203 as he listened to the verdict being read aloud for about an hour. Slader sat a few rows back, tightly clenching the hand of a friend. When the judge concluded, Basi eyes welled with tears.
Defence lawyer John Green described his client's emotional reaction to the verdict as "relief," and said the case had been extremely "difficult" for all concerned.
ceharnett@timescolonist.com
http://www.timescolonist.com/Judge+clears+accused+violently+shaking+baby/4188415/story.html#ixzz1CR6CPgNx
Thursday, 16 December 2010
SBS: British Columbia: Avtar Basi
LOUISE DICKSON,
http://www.timescolonist.com/Shaken+baby+verdict+January/3964122/story.html#ixzz18HwuwdU8
A Victoria provincial court judge will decide in January whether Avtar Basi violently shook an 11-week-old baby girl in frustration or whether her devastating injuries were caused by his misguided attempt to resuscitate her.
Basi, 33, is charged with the aggravated assault of Baby E on Nov. 26, 2008 in the Central Saanich foster home run by his girlfriend, Micheline Slader.
The trial, which began in September, continued Wednesday with final submissions by Crown prosecutor Nils Jensen and defence lawyer John Green. Towards the end, Basi started to cry. Slader sat behind, patting him on the back.
The evidence clearly established that Basi applied force to Baby E and caused the injuries that resulted in her troubling, sad and permanent disability, Green told Judge Adrian Brooks. But in order to convict Basi, the court must be satisfied beyond a reasonable doubt that the force he used on Baby E was not done for the purpose of caring for her. The court must also be satisfied that excessive force was used, said Green.
At trial, Basi testified that, on the morning of Nov. 26, the baby went limp and, in a panicked reaction, he shook her three times.
“If you accept what Mr. Basi told you, he must be acquitted,” said Green. “This was a resuscitative attempt rather than anger.”
Green reviewed the evidence of medical experts including Dr. Katherine Wambera, who testified about breath-holding episodes. The spells, which are more common in toddlers and might affect about three out of 1,000 infants, are marked by a period of loud crying, followed by a period of 15 to 30 seconds when the baby cannot get his or her breath. Wambera said she would not be surprised by a fearful reaction by an inexperienced caregiver witnessing a breath-holding spell.
Green also reminded the court that infants are physically frail, with their large heads and weak neck muscles.
“You can get significant injury without application of a great deal of force,” said Green. “Not very much force for an adult translates into a lot of force for an infant.”
Both Basi and Slader liked the baby and wanted to adopt her, Green said. Baby E had no annoying or frustrating behaviour. There was no hint of abuse.
“There is simply nothing before you to suggest this man would explosively go off and injure this infant,” said Green. “This shaking occurred in a disastrous, tragic resuscitation attempt.”
Jensen reminded the court that Baby E suffered a life-threatening traumatic brain injuries which destroyed half her brain. Basi knew that shaking could harm a baby, Jensen said.
“Ms. Slader confirmed that he handled her appropriately by holding the back of her head when picking her up,” he said.
At trial, three medical experts testified that any reasonable observer who witnessed the shaking of Baby E would know it would cause death or bodily harm, Jensen said.
He urged Brooks to reject Basi’s evidence that he tried to resuscitate Baby E because she stopped breathing.
“The baby stopped breathing because of the shaking, not before the shaking,” argued Jensen.
Nothing was troubling this child, the prosecutor said. She was a perfectly healthy baby and it is very rare for a baby younger than six months to experience breath-holding spells.
On the other hand, Baby E’s cessation of breathing is completely consistent with very violent shaking. It is clear from the evidence, the more violent the shaking, the more quickly the symptoms of severe head trauma appear, Jensen said.
In court and in conversation with an undercover officer who befriended him, Basi minimized how hard he shook the infant, Jensen said. Even defence witness, Dr. Charles Ferguson, director of the Child Protection Centre at the Winnipeg Children’s Hospital, who watched five videos clips of Basi demonstrating how hard he shook Baby E, said it was unlikely such shaking would result in any injury.
Jensen also observed that Basi did not tell anyone including the dispatcher, Slader, paramedics, doctors or police that he tried to revive Baby E.
Eventually, he told the undercover officer he shook the baby out of frustration.
“When he finally confessed, it was accompanied by heartfelt tears and remorse because it was the truth,” Jensen said.
ldickson@timescolonist.com
Basi, 33, is charged with the aggravated assault of Baby E on Nov. 26, 2008 in the Central Saanich foster home run by his girlfriend, Micheline Slader.
The trial, which began in September, continued Wednesday with final submissions by Crown prosecutor Nils Jensen and defence lawyer John Green. Towards the end, Basi started to cry. Slader sat behind, patting him on the back.
The evidence clearly established that Basi applied force to Baby E and caused the injuries that resulted in her troubling, sad and permanent disability, Green told Judge Adrian Brooks. But in order to convict Basi, the court must be satisfied beyond a reasonable doubt that the force he used on Baby E was not done for the purpose of caring for her. The court must also be satisfied that excessive force was used, said Green.
At trial, Basi testified that, on the morning of Nov. 26, the baby went limp and, in a panicked reaction, he shook her three times.
“If you accept what Mr. Basi told you, he must be acquitted,” said Green. “This was a resuscitative attempt rather than anger.”
Green reviewed the evidence of medical experts including Dr. Katherine Wambera, who testified about breath-holding episodes. The spells, which are more common in toddlers and might affect about three out of 1,000 infants, are marked by a period of loud crying, followed by a period of 15 to 30 seconds when the baby cannot get his or her breath. Wambera said she would not be surprised by a fearful reaction by an inexperienced caregiver witnessing a breath-holding spell.
Green also reminded the court that infants are physically frail, with their large heads and weak neck muscles.
“You can get significant injury without application of a great deal of force,” said Green. “Not very much force for an adult translates into a lot of force for an infant.”
Both Basi and Slader liked the baby and wanted to adopt her, Green said. Baby E had no annoying or frustrating behaviour. There was no hint of abuse.
“There is simply nothing before you to suggest this man would explosively go off and injure this infant,” said Green. “This shaking occurred in a disastrous, tragic resuscitation attempt.”
Jensen reminded the court that Baby E suffered a life-threatening traumatic brain injuries which destroyed half her brain. Basi knew that shaking could harm a baby, Jensen said.
“Ms. Slader confirmed that he handled her appropriately by holding the back of her head when picking her up,” he said.
At trial, three medical experts testified that any reasonable observer who witnessed the shaking of Baby E would know it would cause death or bodily harm, Jensen said.
He urged Brooks to reject Basi’s evidence that he tried to resuscitate Baby E because she stopped breathing.
“The baby stopped breathing because of the shaking, not before the shaking,” argued Jensen.
Nothing was troubling this child, the prosecutor said. She was a perfectly healthy baby and it is very rare for a baby younger than six months to experience breath-holding spells.
On the other hand, Baby E’s cessation of breathing is completely consistent with very violent shaking. It is clear from the evidence, the more violent the shaking, the more quickly the symptoms of severe head trauma appear, Jensen said.
In court and in conversation with an undercover officer who befriended him, Basi minimized how hard he shook the infant, Jensen said. Even defence witness, Dr. Charles Ferguson, director of the Child Protection Centre at the Winnipeg Children’s Hospital, who watched five videos clips of Basi demonstrating how hard he shook Baby E, said it was unlikely such shaking would result in any injury.
Jensen also observed that Basi did not tell anyone including the dispatcher, Slader, paramedics, doctors or police that he tried to revive Baby E.
Eventually, he told the undercover officer he shook the baby out of frustration.
“When he finally confessed, it was accompanied by heartfelt tears and remorse because it was the truth,” Jensen said.
ldickson@timescolonist.com
http://www.timescolonist.com/Shaken+baby+verdict+January/3964122/story.html#ixzz18HwuwdU8
Wednesday, 29 September 2010
SBS: Trial in British Columbia, Canada
Avtar Rashi Basi testified yesterday that he lied during a police interview two days after Baby E was admitted to Victoria General Hospital with a catastrophic brain injury in November 2008.
Basi is charged with the aggravated assault of the 11-week old baby girl who was living in the foster home run by his girlfriend Micheline Slader.
The 33-year-old, who has taken the stand in his own defence, testified Monday that he shook the baby to try and revive her.
Basi told the court that he began to cry and panicked when Baby E went limp in his arms and stopped breathing. He testified that he lifted her up, called out her name and listened for breaths.
Yesterday, prosecutor Nils Jensen asked Basi about a statement he gave to Central Saanich police Cpl. Dave Hodgson on Nov. 28, 2008. During the interview, Basi told Hodgson he had nothing to hide.
According to the transcript, Hodgson didn't believe him.
"My logic says that in my experience as a police officer, here's a guy who did something that he can't admit to," Hodgson told Basi.
"No. I would admit it in a second, sir. If I did something, I honestly would," Basi replied.
"I think it's eating you up," said Hodgson.
"No," Basi replied.
Jensen asked Basi if he had lied to the police officer.
"Yes," he replied.
Later in the interview, Hodgson told Basi there's only one way the baby was hurt.
"No officer. I've told you guys everything," Basi insisted.
"You're one or the other. You intentionally did it or you accidentally did it," said Hodgson.
Basi continued to deny he had anything to do with the baby's injuries.
The prosecutor also asked Basi why he didn't tell Slader he had shaken the baby when she phoned from the hospital to tell him the doctors believed Baby E had been shaken.
"It was a brief conversation," said Basi. "Listen, I tried everything. I tried saving the kid."
After the phone call, Basi immediately accepted he was the one who caused Baby E's injury, he testified.
"You know you caused the injury because you shook that baby hard," said Jensen.
"I don't recall how hard it was. I was panicky at the time," said Basi, who became teary-eyed.
Jensen insisted Basi shook the baby hard.
"I don't recall how much force was used. I just wanted some sort of noise or cry out of the baby. I don't know how hard I shook her."
"It wasn't a gentle rocking, was it, sir?"
Basi did not reply.
The case for the defence continues today with evidence from Dr. Charles Ferguson, director of the child protection centre at the Children's Hospital in Winnipeg.
Basi is charged with the aggravated assault of the 11-week old baby girl who was living in the foster home run by his girlfriend Micheline Slader.
The 33-year-old, who has taken the stand in his own defence, testified Monday that he shook the baby to try and revive her.
Basi told the court that he began to cry and panicked when Baby E went limp in his arms and stopped breathing. He testified that he lifted her up, called out her name and listened for breaths.
Yesterday, prosecutor Nils Jensen asked Basi about a statement he gave to Central Saanich police Cpl. Dave Hodgson on Nov. 28, 2008. During the interview, Basi told Hodgson he had nothing to hide.
According to the transcript, Hodgson didn't believe him.
"My logic says that in my experience as a police officer, here's a guy who did something that he can't admit to," Hodgson told Basi.
"No. I would admit it in a second, sir. If I did something, I honestly would," Basi replied.
"I think it's eating you up," said Hodgson.
"No," Basi replied.
Jensen asked Basi if he had lied to the police officer.
"Yes," he replied.
Later in the interview, Hodgson told Basi there's only one way the baby was hurt.
"No officer. I've told you guys everything," Basi insisted.
"You're one or the other. You intentionally did it or you accidentally did it," said Hodgson.
Basi continued to deny he had anything to do with the baby's injuries.
The prosecutor also asked Basi why he didn't tell Slader he had shaken the baby when she phoned from the hospital to tell him the doctors believed Baby E had been shaken.
"It was a brief conversation," said Basi. "Listen, I tried everything. I tried saving the kid."
After the phone call, Basi immediately accepted he was the one who caused Baby E's injury, he testified.
"You know you caused the injury because you shook that baby hard," said Jensen.
"I don't recall how hard it was. I was panicky at the time," said Basi, who became teary-eyed.
Jensen insisted Basi shook the baby hard.
"I don't recall how much force was used. I just wanted some sort of noise or cry out of the baby. I don't know how hard I shook her."
"It wasn't a gentle rocking, was it, sir?"
Basi did not reply.
The case for the defence continues today with evidence from Dr. Charles Ferguson, director of the child protection centre at the Children's Hospital in Winnipeg.
Thursday, 23 September 2010
SIDS: British Columbia statistics
By Lena Sin,
Foul play is not suspected in the death of a six-month-old baby boy in Port Alberni, Mounties said Saturday following an autopsy.
However, the cause of death remains a mystery after an autopsy failed to offer investigators any clues.
Sgt. Kevin Murray of Port Alberni RCMP said the infant had no physical signs of injury and the B.C. Coroners Service will now take over the file to try to uncover the cause of death.
"Certainly any time an infant dies, I don't think it's a very common occurrence and one could speculate on what occurred and I guess it comes down to SIDS (sudden infant death syndrome) or some other unknown physiological or biological reason," said Murray.
"But as far as the RCMP is concerned, there was nothing in the autopsy to suggest any foul play or any criminality."
Mounties were first called Wednesday evening by a caregiver reporting an unresponsive baby in a foster home in Port Alberni.
The First Nations baby was taken to hospital where he was pronounced dead.
At the time, police described the death as "unexplained."
The autopsy was conducted Friday at Royal Columbian Hospital in New Westminster.
The baby's name has not been released.
The 2009 Child Death Review Unit annual report, released last month by the B.C. Coroners Service, show that the most common circumstance of death is related to motor vehicle crashes (29%) followed by natural deaths due to internal causes (27%) and sudden infant death syndrome (17%).
The report also found a disproportionate number of child deaths involve aboriginal children (24%).
http://www.vancouversun.com/news/thewest/Foul+play+ruled+death+Alberni+infant/3516136/story.html#ixzz10MXoDboh
Foul play is not suspected in the death of a six-month-old baby boy in Port Alberni, Mounties said Saturday following an autopsy.
However, the cause of death remains a mystery after an autopsy failed to offer investigators any clues.
Sgt. Kevin Murray of Port Alberni RCMP said the infant had no physical signs of injury and the B.C. Coroners Service will now take over the file to try to uncover the cause of death.
"Certainly any time an infant dies, I don't think it's a very common occurrence and one could speculate on what occurred and I guess it comes down to SIDS (sudden infant death syndrome) or some other unknown physiological or biological reason," said Murray.
"But as far as the RCMP is concerned, there was nothing in the autopsy to suggest any foul play or any criminality."
Mounties were first called Wednesday evening by a caregiver reporting an unresponsive baby in a foster home in Port Alberni.
The First Nations baby was taken to hospital where he was pronounced dead.
At the time, police described the death as "unexplained."
The autopsy was conducted Friday at Royal Columbian Hospital in New Westminster.
The baby's name has not been released.
The 2009 Child Death Review Unit annual report, released last month by the B.C. Coroners Service, show that the most common circumstance of death is related to motor vehicle crashes (29%) followed by natural deaths due to internal causes (27%) and sudden infant death syndrome (17%).
The report also found a disproportionate number of child deaths involve aboriginal children (24%).
http://www.vancouversun.com/news/thewest/Foul+play+ruled+death+Alberni+infant/3516136/story.html#ixzz10MXoDboh
SBS: BC trial
September 16, 2010
Looking at a CT scan of Baby E's brain is like looking at a scan of impending doom, Dr. Ken Poskitt testified yesterday at Avtar Basi's aggravated assault trial in Victoria provincial court.
"You mean death?" asked Crown prosecutor Nils Jensen.
"Yes," replied Poskitt, who is an expert in pediatric neuroradiology at B.C Children's Hospital.
The scan was taken on Nov. 27, 2008, the day after the 11-week-old infant was rushed in a coma from her Central Saanich foster home to Victoria General Hospital. The Crown is alleging the injuries were caused by Basi violently shaking Baby E.
Basi's defence lawyer John Green said his client will testify that Baby E went limp and, in a panicked reaction, he shook her three times to try to revive her.
A first scan, taken just after Baby E arrived at the hospital, shows a lot of blood inside the skull, but outside the brain, Poskitt explained to Judge Adrian Brooks. The blood is on the surface spaces of the brain and there is more blood on the right side of the brain.
"We have had a fair bit of bleeding in multiple locations inside the head. It has been caused by a great deal of trauma," said Poskitt.
"It's the distribution of recent blood that makes me think I'm dealing with a child that's been shaken."
When the second scan was taken the next day, the left side of Baby E's brain was much larger and swollen and there were hemorrhages in the brain. The baby suffered a great deal, said the doctor. Her condition was life-threatening.
"Whatever was applied to the person to cause this injury was significant and severe," Poskitt testified.
However, Poskitt was unable to tell Jensen how much force was required to cause the injury.
"What I can say ... it is beyond anything we would do in normal daily life to a child," said the doctor.
"It is a vigorous trauma and requires some significant amount of effort to produce the injury."
On the stand Tuesday, Dr. Kristi Zinkiew, a specialist in child maltreatment, testified she believed Baby E's injuries were inflicted with a significant degree of violence.
Jensen showed Zinkiew five clips taken from a video made in a Vancouver hotel room by an undercover police officer who posed as Basi's friend. In the clips, Basi is using a towel and showing the officer how he shook Baby E on the morning of Nov. 26, 2008.
"What you saw on those clips, would they produce the kind of injury you observed on Baby E when you saw her in hospital?" asked Jensen.
Zinkiew said she didn't think a baby would sustain any kind of injury from the shaking she saw on the clips.
http://www.timescolonist.com/news/Damage+deadly+shaken+baby+trial+hears/3532788/story.html#ixzz10MGnipIg
Looking at a CT scan of Baby E's brain is like looking at a scan of impending doom, Dr. Ken Poskitt testified yesterday at Avtar Basi's aggravated assault trial in Victoria provincial court.
"You mean death?" asked Crown prosecutor Nils Jensen.
"Yes," replied Poskitt, who is an expert in pediatric neuroradiology at B.C Children's Hospital.
The scan was taken on Nov. 27, 2008, the day after the 11-week-old infant was rushed in a coma from her Central Saanich foster home to Victoria General Hospital. The Crown is alleging the injuries were caused by Basi violently shaking Baby E.
Basi's defence lawyer John Green said his client will testify that Baby E went limp and, in a panicked reaction, he shook her three times to try to revive her.
A first scan, taken just after Baby E arrived at the hospital, shows a lot of blood inside the skull, but outside the brain, Poskitt explained to Judge Adrian Brooks. The blood is on the surface spaces of the brain and there is more blood on the right side of the brain.
"We have had a fair bit of bleeding in multiple locations inside the head. It has been caused by a great deal of trauma," said Poskitt.
"It's the distribution of recent blood that makes me think I'm dealing with a child that's been shaken."
When the second scan was taken the next day, the left side of Baby E's brain was much larger and swollen and there were hemorrhages in the brain. The baby suffered a great deal, said the doctor. Her condition was life-threatening.
"Whatever was applied to the person to cause this injury was significant and severe," Poskitt testified.
However, Poskitt was unable to tell Jensen how much force was required to cause the injury.
"What I can say ... it is beyond anything we would do in normal daily life to a child," said the doctor.
"It is a vigorous trauma and requires some significant amount of effort to produce the injury."
On the stand Tuesday, Dr. Kristi Zinkiew, a specialist in child maltreatment, testified she believed Baby E's injuries were inflicted with a significant degree of violence.
Jensen showed Zinkiew five clips taken from a video made in a Vancouver hotel room by an undercover police officer who posed as Basi's friend. In the clips, Basi is using a towel and showing the officer how he shook Baby E on the morning of Nov. 26, 2008.
"What you saw on those clips, would they produce the kind of injury you observed on Baby E when you saw her in hospital?" asked Jensen.
Zinkiew said she didn't think a baby would sustain any kind of injury from the shaking she saw on the clips.
http://www.timescolonist.com/news/Damage+deadly+shaken+baby+trial+hears/3532788/story.html#ixzz10MGnipIg
Saturday, 11 September 2010
SBS: British Columbia: SHAKEN BABY CASE EXPECTED TO TAKE THREE WEEKS IN PROVINCIAL COURT
Sep 7, 2010
IN PROVINCIAL COURT THIS MORNING...THE CROWN HAS REVEALED THAT AN "EXTENSIVE UNDERCOVER OPERATION" WAS MOUNTED, TO GATHER EVIDENCE IN THE SUSPECTED ASSAULT OF AN INFANT IN FOSTER CARE. PROSECUTOR NILS JENSEN LAID OUT THE STORY IN HIS OPENING REMARKS AT THE AGGRAVATED ASSAUILT TRIAL OF AVTAR BASI. BASI IS ACCUSED OF SHAKING AND CAUSING CATASTROPHIC BRAIN INJURIES TO AN ELEVEN WEEK OLD BABY, IN THE CARE OF HIS COMMON-LAW WIFE, WHO RAN A LICENCED DAY CARE IN CENTRAL SAANICH. IN THE SPRING OF LAST YEAR, ABOUT SIX MONTHS AFTER THE INCIDENT, BASI AND THE WOMAN WERE BEFRIENDED BY TWO UNDERCOVER OPERATIVES, POSING AS ANOTHER COMMON-LAW COUPLE. BY JUNE THEY HAD OBTAINED WHAT THE CROWN LABELS A "TEARFUL" ADMISSION OF THE CIRCUMSTANCES. DEFENCE LAWYER JOHN GREEN SAYS HE WILL PRESENT EVIDENCE CHALLENGING THAT INTERPRETATION, AS WELL AS MEDICAL EVIDENCE CHALLENGING THE PREVAILING WISDOM CONCERNING "SHAKEN BABY SYNDROME". HE SAYS THERE HAS BEEN DISAGREEMENT AMONG DOCTORS IN RECENT YEARS ABOUT THE AMOUNT OF FORCE REQUIRED TO CAUSE SUCH INJURIES, AND WILL ARGUE THERE WAS NO CRIMINAL INTENT IN THIS CASE. THE COURT WILL HEAR SIGNIFICANT MEDICAL EVIDENCE OVER THE COURSE OF WHAT IS EXPECTED TO BE AT LEAST A THREE WEEK TRIAL.
http://www.cfax1070.com/newsstory.php?newsId=15077
IN PROVINCIAL COURT THIS MORNING...THE CROWN HAS REVEALED THAT AN "EXTENSIVE UNDERCOVER OPERATION" WAS MOUNTED, TO GATHER EVIDENCE IN THE SUSPECTED ASSAULT OF AN INFANT IN FOSTER CARE. PROSECUTOR NILS JENSEN LAID OUT THE STORY IN HIS OPENING REMARKS AT THE AGGRAVATED ASSAUILT TRIAL OF AVTAR BASI. BASI IS ACCUSED OF SHAKING AND CAUSING CATASTROPHIC BRAIN INJURIES TO AN ELEVEN WEEK OLD BABY, IN THE CARE OF HIS COMMON-LAW WIFE, WHO RAN A LICENCED DAY CARE IN CENTRAL SAANICH. IN THE SPRING OF LAST YEAR, ABOUT SIX MONTHS AFTER THE INCIDENT, BASI AND THE WOMAN WERE BEFRIENDED BY TWO UNDERCOVER OPERATIVES, POSING AS ANOTHER COMMON-LAW COUPLE. BY JUNE THEY HAD OBTAINED WHAT THE CROWN LABELS A "TEARFUL" ADMISSION OF THE CIRCUMSTANCES. DEFENCE LAWYER JOHN GREEN SAYS HE WILL PRESENT EVIDENCE CHALLENGING THAT INTERPRETATION, AS WELL AS MEDICAL EVIDENCE CHALLENGING THE PREVAILING WISDOM CONCERNING "SHAKEN BABY SYNDROME". HE SAYS THERE HAS BEEN DISAGREEMENT AMONG DOCTORS IN RECENT YEARS ABOUT THE AMOUNT OF FORCE REQUIRED TO CAUSE SUCH INJURIES, AND WILL ARGUE THERE WAS NO CRIMINAL INTENT IN THIS CASE. THE COURT WILL HEAR SIGNIFICANT MEDICAL EVIDENCE OVER THE COURSE OF WHAT IS EXPECTED TO BE AT LEAST A THREE WEEK TRIAL.
http://www.cfax1070.com/newsstory.php?newsId=15077
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