Listen to Diagnosing Murder podcast Episode 3
“The first time we met that doctor, he came running into the room, didn’t introduce himself, and went straight to Oliver,” David recalls.
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“He began an examination that lasted several minutes. He checked his eyes, looked at his body, then turned and looked at me and said, ‘You did something… you did something and I’m going to prove it.'” The doctor later denied making such remarks in David’s case.
A criminal investigation was launched within 48 hours.
In most cases, all this will be completely justified. In cases where there is strong evidence that a child has been deliberately hurt, society rightly expects the child to be protected from the tormentor.
But the science of shaken baby syndrome is subject to serious questions. As we mentioned in previous sections, it turned out that this diagnosis led to dozens of wrongful convictions abroad.
But in Australia there is no controversy to speak of. And VFPMS denies that there is any serious medical controversy here.
In David’s case, VFPMS quickly called the police’s child abuse team and the child protection agency. David says he and his partner were being punished while their four-week-old son lay critically ill nearby.
Her ordeal continued long after Oliver’s death. David’s partner believed in him and supported him. But the pressure was too intense and their relationship didn’t work out.
Last year, seven years after Oliver’s death, a High Court jury acquitted David following an 18-day trial after his defense presented evidence of potential alternative medical or accidental causes of the boy’s collapse.
David got his freedom back. But he will never be the same.
He still keeps in touch with his partner and other children but does not live with them. He has no home, no assets, and still cannot afford to bury his son’s ashes.
“People keep forgetting that we lost our son,” David says. “All these people were determined to put me in jail, and they also forgot that we lost our son.”
And David describes himself as one of the lucky ones.
For more information on the four parts Murder Diagnosis To listen to the investigative podcast and episode three, see below or Click here.
Support is available from the National Sexual Assault Domestic Violence Advisory Service on 1800RESPECT (1800 737 732).
