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Closing arguments delivered in trial of mother accused of causing or allowing the death of her child

Closing arguments delivered in trial of mother accused of causing or allowing the death of her child

Tara O'Connor

Closing arguments delivered in trial of mother accused of causing or allowing the death of her child

The trial of an Old Windsor mum accused of causing or allowing the death of her 23-month-old daughter has continued into its fifth day.

Kirsty Lee, of Grove Close, is on trial at Guildford Crown Court charged with causing or allowing the death of toddler Cara Lee-Fanus, who was left brain dead from a severe head injury and died on Thursday, May 29, 2014.

The 26-year-old mother is also accused of causing or allowing serious physical harm to a child. She has pleaded not guilty to both charges.

Today (Friday) the jury heard the closing speeches from both the defence and prosecution.

Dianne Chan, prosecuting, told the jury: “This is obviously a very sad case for everybody involved in it and there is no doubt you will feel sympathy for both sides of Cara’s family and for Cara herself.

“Please put any anger you may feel to anybody to one side and take a cold clinical look at the evidence.”

Earlier in the trial the court had heard how CT scans revealed the toddler had been severely shaken or smothered.

She also had 21 different injury marks including two distinctive ‘branding-like’ burns which appeared to have been caused by someone holding a hairdryer close to her skin.

Alistair Wayne Bowen, 36, Lee’s former boyfriend, had faced the same charges but the court heard he had hanged himself in July.

Lee told the court that Bowen told her he accidentally dropped a shower head on the youngster’s head while he was bathing her.

Ms Chan told the court: “If an adult finds themselves in this situation, wouldn’t you expect a parent to rush to the hospital immediately?

“What you do not expect is for someone to lie about the cause of injury if they are genuinely looking out for the child’s welfare.”

Referring to the toddler’s fatal injury, she told the court: “All we know is that when it happened, the child collapsed quickly and the child wasn’t crying.

“Maybe Cara has climbed over her stair gate and come into their room when they were having private time.

“I am not saying that it was deliberate, but perhaps they threw her back in her bed.”

In his closing speech, defence barrister, Dennis Barry, dismissed this as a ‘ludicrous proposition’ with ‘no evidence whatsoever’.

“Does anyone expect that Alistair or Kirsty had got up during ‘personal time’ and inflicted serious injury and then hopped back into bed?” he asked the jury.

He went on to say that Bowen had sent Kirsty 13 messages before he committed suicide. He questioned why he would apologise to the mother in these messages if she was also a part of the lie.

“If they had been plotting about it, why would he need to apologise to her?

“He says, ‘I will leave you alone, I am evil, I am an evil liar’.

“Why would he apologise and within six days of a conference with her [Kirsty’s] lawyer kill himself?”

“Nothing is going to bring Cara back and you may think that my client has been punished considerably for it,” he added.

The trial continues. More from this case:

Mum on trial over death of toddler 'didn't for one moment think' former boyfriend would deliberately hurt child

Trial begins of Old Windsor mother accused of causing or allowing the death of her child

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