Listen to Diagnosing Murder podcast Episode 4

So how solid are these convictions? In the first episode of this podcast, you heard how, on an ordinary night in October 2021, Kabir*’s nine-week-old baby Dua* suddenly went limp in his arms.

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Kabir and his wife Dipika* rushed baby Dua to the Royal Children’s Hospital. Within days, specialist doctors at the Victorian Pediatric Forensic Service (VFPMS) called a meeting with the police and child protection service. They raised the possibility that Dua was shaken deliberately.

The child protection team decided to apply to the juvenile court to remove Dua and place her in foster care within three days, as Kabir and Dipika did not make any statements about Dua’s illness.

Meanwhile, the police launched an investigation. In the first week after Dua’s collapse, officers from the child abuse squad visited the family’s suburban home twice to search for evidence. The second time they came armed with a search warrant.

Much later, determined to find out why Dua had been kept away from them for so long, Kabir and Dipika fought for access to the records.

Among the documents seized were two reports prepared in 2022 by a team of experts on domestic violence. They were assigned by the Child Protection Agency to investigate Kabir. These reports confirm that the major obstacle to Dua’s repatriation was the original diagnosis of VFPMS.

A report under the heading Responsibility of the Perpetrator states: “My father continues to deny injuring the child.” Both reports say that unless Kabir and Dipika reveal the cause of Dua’s injuries, Dua will not be returned to them.

But five medical expert reports raised doubts about whether Kabir had caused Dua’s injuries, so after 18 months, Dua was returned to her parents’ care.

This did not stop the police investigation. This allegation, which started with a medical diagnosis, later turned into accusations of domestic violence, oppression and espionage, and included an offer to imprison Kabir to make Dipika talk. When Dua returned to them, Kabir was accused of recklessly causing serious injury to Dua.

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“This is no ordinary shaken baby case,” says American lawyer Heather Kirkwood, who took on Kabir’s case as a consultant. He described it as a “lynching.”

So how many cases are there in Australia? In one case examined in Episode 3, it was heard that there were approximately 20 people. In the written statement made to this imprint, VFPMS said that they did not keep the number. The juvenile court stated that they did not have the figures and referred to the protection of children, saying only, “All decisions are made in the best interest of the child.”

For more information on the four parts Murder Diagnosis To watch the investigative podcast and listen to the latest episode, see below or click here.

* Names have been changed for legal reasons.

Support is available from the National Sexual Assault Domestic Violence Advisory Service on 1800RESPECT (1800 737 732).