Man is guilty of shaking baby boy 'to within inch of his life'

Raymond McPhee, 24, pinched the infant, forced an object into his mouth and shook him repeatedly.

The High Court in Livingston heard that McPhee, of Moir Crescent, Aberdeen, "didn't give a damn whether the child lived or died".

The baby, who cannot be identified, has been left with permanent brain damage.

McPhee had denied the charges he faced, claiming the injuries stemmed from an accident in which the boy fell. But a jury found him guilty of attempting to murder the child while in his care between 24 and 25 August, 2008, at a property in Aberdeen.

He was also convicted of wilfully neglecting the baby by failing to get him medical treatment, knowing he had injuries on his face and body and was in pain.

Judge Lord Uist told McPhee: "You have been convicted by the jury of a heinous crime, namely the attempted murder of a six-week-old baby."

The case was described by the judge yesterday as "extremely sad and very distressing".

The baby boy was in McPhee's care while his mother had her first night out since the birth.

She took the infant to hospital the next morning, after finding him "floppy" and realising something was wrong.

Doctors informed her that the child was profoundly retarded and suffering from cerebral palsy.

Alison di Rollo, prosecuting, told the court that McPhee had shaken the baby "to within an inch of his life", and he showed "complete indifference" about whether the child lived or died.

Jurors yesterday found that McPhee had attempted to murder the boy by repeatedly pinching him on the head and forcing something into his mouth.

McPhee, frustrated by the baby's cries, also shook him again and again.

Knowing that the child had injuries and was in pain and unable to feed, McPhee then failed to get medical help.

McPhee bowed his head, appeared to wipe away tears and was visibly shaking after the jury's verdict was delivered.

Gordon Jackson, QC, for McPhee, reserved his speech in mitigation for the sentencing hearing.

There were sobs from members of the public gallery as the seven men and seven women of the jury gave their decision after deliberating for less than three hours.

Speaking after the verdict, Anne Currie, the area procurator-fiscal for Grampian, said: "This was a cruel and callous attack on a defenceless six-week-old baby, which appears to have been an attempt to stop the child from crying.

The baby suffered a number of injuries at the hands of Raymond McPhee, who was looking after him at the time."

She added: "Prior to this, the child had been a healthy baby boy.

"He has now suffered permanent brain damage and will experience a number of difficulties throughout his life, due to this impairment.

"Raymond McPhee's actions showed such wicked recklessness towards the child that a charge of attempted murder was appropriate, a view clearly reflected in the jury's verdict."

Lord Uist ordered McPhee, who had been on bail throughout his trial, to be remanded in custody.

Sentence was deferred for background reports to be obtained.

McPhee, who has no previous convictions, will next appear before the judge on August 13 at the High Court in Edinburgh.

Lord Uist concluded yesterday's hearing by excusing the jurors, which was reduced to 14 members after one member was taken ill earlier this week, from any future jury service for life.

He told them: "This case, I'm sure you will appreciate, has been an extremely sad and very distressing case."z