Ten years is too lenient for Brandon's killer, says grandmother

Published on Tuesday 31 March 2009 23:10

THE grandmother of a child killed by her daughter's boyfriend said yesterday that his ten-year jail term was not enough for the "devastation" he had caused the family.

Veronica Boyd, 43, spoke following the sentencing of Robert Cunningham, who was convicted of the culpable homicide of 23-month-old Brandon Muir by assaulting him in Dundee last year.

At the High Court in Glasgow yesterday, Cunningham was told he must spend ten years in jail for the attack, which ruptured the child's internal organs.

Mrs Boyd, whose daughter, Heather Boyd, was Brandon's mother, said afterwards: "It's not enough. He has stolen and taken our grandson from us.

"He has caused total devastation to both sides of Brandon Muir's family."

Brandon died from a ruptured intestine following the attack at Ms Boyd's flat on 15 March last year.

Cunningham had been living with his girlfriend and Brandon for 18 days.

A lengthy trial, which heard from more than 50 witnesses, was told that he punished the youngster for climbing on to a window ledge by forcing him to stand at a wall.

The High Court jury agreed with prosecutors that Cunningham applied pressure to the child's abdomen "by means unknown", which led to his organ damage and death in the early hours of 16 March.

The child vomited repeatedly in the hours after the assault, but Cunningham and Ms Boyd, who were both heroin users, failed to get medical assistance.

A post-mortem report noted Brandon had up to 40 injuries, including bruises, scratches and four fractured ribs.

Ms Boyd was originally charged with killing her child along with her partner, but was acquitted during the trial.

The jury last month also rejected a charge of murder against Cunningham.

Judge John Morris said: "The jury, by their verdict, held that you did not murder Brandon Muir, and I am obliged to bear that in mind in passing sentence upon you, but the jury did convict you of killing that unfortunate little boy.

"Such an act of wanton violence against an innocent child, aggravated as it was by your failure to obtain medical assistance for him knowing what you had done, must be marked with a substantial prison term."

The ten-year term was backdated to 31 March last year, when Cunningham entered custody.

The case sparked a review of child protection services at Dundee City Council, as it emerged that social workers had been alerted to concerns over Brandon by family members and neighbours.

Members of the public reported hearing male and female voices shouting at the youngster on several occasions, and Ms Boyd failed to attend medical appointments with her son.

Ms Boyd's mother said she called social services on 25 February and told them she and her husband were "not happy about the relationship Heather had got herself into".

Cunningham told the court he smoked cannabis "most days", and evidence was led that Ms Boyd worked as a prostitute and smoked heroin on the night Brandon fell ill.

His solicitor, Ian Duguid, QC, told the judge Cunningham did not mean to harm Brandon.

He said: "Whatever the nature of the assault in this case, it wasn't one inflicted with either wicked recklessness or the intention to kill.

"I think it's evident that Mr Cunningham does have a large amount of regret and remorse about the death of Brandon Muir."

The QC urged the judge to be "careful" when considering a critical social inquiry report on Cunningham, as the social work department was "not a disinterested party in this case".