A WOMAN has been cleared of causing her young nephew to drown in the bath.
Kayleigh Kerr was today found not guilty of the culpable homicide of 10-month old Logan Cruickshanks.
Kayleigh Kerr was found not guilty of the culpable homicide of Logan Cruickshanks[/caption]
She was said to have allegedly killed him while looking after the child at her home in Easterhouse, Glasgow on August 25 2018.
It was the hysterical 25-year-old who discovered Logan’s lifeless body submerged under the water.
Kerr had denied the charge during a four-day trial at the High Court in Glasgow.
She hurriedly left the dock after being acquitted.
Logan’s parents and other family were in court. They became emotional after the verdict with some in tears.
Judge Lord Matthews went on to state to jurors: “It has been a tragic, tragic case all round.
“There was never any intention to cause this…it was the last thing anyone wanted to happen.
“Obviously there will be a lot of emotional reaction to this, one way or another.
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“There are no winners in this case.”
Jurors earlier heard how Kerr told police how Logan had been in “good spirits” that morning.
She went on to run a bath for her nephew before they were due to meet a friend and another child.
It was the first time Kerr had put Logan in a bath on his own.
The boy was put in his bath seat as Kerr initially stayed with him for around five minutes before continuing to get ready to go out.
She checked on him and stated the boy was “absolutely fine”.
He was “laughing” playing with his toys when she looked again.
But, when she checked once more, Logan was “submerged” under the water.
‘I WAS IN SO MUCH SHOCK’
Kerr recalled how she started to “scream and panic” before grabbing the child out the bath.
She told police: “Logan felt lifeless and his wee body felt so heavy and his head was just rocking in my arms.
“I ran with Logan into my mum’s bedroom and was screaming.
“My mum woke up with my screaming. She thought I was being a bit of a drama queen, she was saying’ what is it?’.”
Kerr, now of Uddingston, Lanarkshire, said she put the child on the bed and he was given mouth to mouth.
She added: “My mum was asking me what happened and telling me to stop screaming, but I could not.
“I was in so much shock.”
A 999 call was made, but Logan did not survive.
In his closing speech, prosecutor Alan Cameron said what happened was “truly awful and heartbreaking”.
But, he claimed Kerr had been “reckless or grossly careless” that morning by leaving Logan alone in the bath.
She had also shown a “complete disregard for any dangers that may arise”.
Kerr’s lawyer Ali Murray later told the jury: “I want you to exonerate her completely – a not guilty verdict for this young lady.”
He insisted what happened was not “a criminal act”.
Mr Murray also stated: “I would invite you to the obvious conclusion that this was a momentary lapse of concentration…unintended and unexpected.”
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