Kimberley Hainey case: Mother convicted of murdering toddler in ‘worst ever’ case

A MOTHER has been convicted of murdering her toddler son whose body lay in a rubbish-strewn flat for months. The jury took about four hours to find Kimberley Hainey guilty of killing Declan.

One police officer said there were no cases more harrowing or distressing.

Hainey – who often broke down during the trial – showed no emotion as the verdicts were delivered.

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She had denied killing Declan, concealing his body and pretending he was still alive to prevent police investigating.

He was last seen in public, aged about 15 months, around July or August 2009. His decomposed and mummified body was discovered in his cot at his home in Paisley, on 30 March, 2010. He had been dead for months.

Hainey told jurors at the High Court in Glasgow: “I was branded a monster mother. It’s not true. He was not murdered. He was not given drugs. I never did anything to harm my son. He was the most precious thing in my life.”

But the jury, who sat through six weeks of evidence, did not believe her. The judge, Lord Woolman, yesterday deferred sentence until 12 January for background reports.

The court heard Hainey drank heavily and had gone out leaving Declan home alone. On one occasion, she was away for two days, leaving her son to fend for himself. He was left in dirty nappies with no food or drink while Hainey was out enjoying herself.

By the time his body was found, pathologists were unable to ascertain how Declan died.

Hainey sold his clothes and toys to buy heroin. She left his body in the cot in his bedroom and left him to rot. He was discovered months later by Hainey’s mother, step-father and aunt, after they were told that Declan had failed to turn up for immunisations at the GP’s surgery and that he was going to be reported missing. After hearing this, the three went to the house.

They found the body and immediately contacted the police.

The court heard that when Declan was five months old, Hainey had moved to a flat in Bruce Road, Paisley. She said his birth had changed her life.

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Hainey was supported on a methadone programme by a joint council and health board initiative. But staff said they often smelled drink on her breath. She avoided health visitors, lying when they tried to arrange a visit.

The jury of five men and nine women also found Hainey guilty of wilfully ill-treating, neglecting and abandoning the toddler and exposing him in a manner that was likely to cause him suffering or injury to his health. Hainey was also accused of exposing Declan to diamorphine and amphetamine, but that allegation was withdrawn by the jury.

Lord Woolman told the jury: “I wish to thank you for the great care you have taken, not only in reaching this verdict but also throughout the course of this trial. You have had no easy task and some of the evidence you have heard has been very distressing.”

Detective Inspector Maxine Martin said: “Declan Hainey’s murder was a horrible, tragic case. I doubt that anyone involved in the investigation or anyone who heard or read anything about the circumstances through the media will have come across anything quite as harrowing or distressing as this.

“You cannot begin to comprehend Declan’s suffering, nor can you begin to understand how a mother could have done this to their innocent, helpless child.

“There was one person and one person alone responsible for Declan’s murder and that was Kim Hainey. She deceived everyone who was close to her. She went out of her way to conceal what she did from her friends, her family and from the various agencies who wanted only to help her.”

Matt Forde, of charity NSPCC Scotland, said: “This is a horrific case and we will never know the full extent to which baby Declan suffered before he died.

“Sadly, babies are 12 times more likely to be killed than any other children in Scotland and this case is another stark reminder of the vulnerability of babies and toddlers to neglect and abuse.

“Whilst not all parents with drink or drug problems are a danger to their babies, we know there is a strong link and we are campaigning for better and earlier intervention.”