0:00:02 > 0:00:03Shaken babies -
0:00:03 > 0:00:06a father who harmed his child.
0:00:06 > 0:00:09I hate him. That's a strong word, but I do hate him and I always will.
0:00:09 > 0:00:14The parent convicted of shaking who protests his innocence.
0:00:14 > 0:00:17You should dig deeper before you ruin their life.
0:00:17 > 0:00:20..the whole truth and nothing but the truth, so help you God.
0:00:20 > 0:00:21And the doctor found guilty of
0:00:21 > 0:00:26giving irresponsible and dishonest evidence in court.
0:00:26 > 0:00:28I can find nothing to support the hypothesis
0:00:28 > 0:00:31that shaking was involved.
0:00:31 > 0:00:33The stakes could not be higher.
0:00:33 > 0:00:38Most miscarriages of justice can often be traced back
0:00:38 > 0:00:42to an expert who has ventured outside their field of expertise.
0:00:42 > 0:00:46Tonight, I'm on a journey into the heart of a row
0:00:46 > 0:00:51over whether doctors can be certain when a baby has been shaken.
0:00:52 > 0:00:56If I thought I had done anything wrong, I would have shut up.
0:00:56 > 0:00:57Immediately.
0:01:09 > 0:01:12He's got a really good sense of humour.
0:01:12 > 0:01:15He constantly makes people laugh every day. He makes me laugh.
0:01:16 > 0:01:21Charlie is nine years old and he has boundless energy.
0:01:21 > 0:01:24He loves talking to people and meeting new people.
0:01:26 > 0:01:29I've come to meet Charlie and his mother Joanne
0:01:29 > 0:01:31at their home in Huddersfield.
0:01:31 > 0:01:34- Where's Alison? - I'm just here, Charlie.
0:01:36 > 0:01:38Charlie was a healthy baby.
0:01:38 > 0:01:41- You all right?- Yeah.
0:01:41 > 0:01:44Now, he's almost completely blind.
0:01:45 > 0:01:47Is the light on at the moment?
0:01:47 > 0:01:49On.
0:01:49 > 0:01:50On, yes.
0:01:50 > 0:01:51Off.
0:01:52 > 0:01:55It was a normal delivery and everything.
0:01:55 > 0:01:58When he was 15 weeks old, he collapsed
0:01:58 > 0:02:00and was rushed to hospital.
0:02:00 > 0:02:03They didn't think he was going to make it through the night
0:02:03 > 0:02:07and he was just this tiny, tiny little baby and having these
0:02:07 > 0:02:11massive seizures, which were just horrible to watch.
0:02:11 > 0:02:15His father, who was looking after him, said he'd choked.
0:02:15 > 0:02:18But that explanation didn't add up for doctors,
0:02:18 > 0:02:21so both parents fell under suspicion.
0:02:21 > 0:02:24The doctor did ask me if Charlie had suffered any trauma.
0:02:24 > 0:02:26He said, "Has he had any falls?
0:02:26 > 0:02:29"Has he banged his head? "Has anything happened to him?"
0:02:30 > 0:02:34The police eventually charged Charlie's father with harming him.
0:02:34 > 0:02:38At the start of his trail, he admitted shaking his son violently.
0:02:43 > 0:02:45I hope he lives with what he did to Charlie
0:02:45 > 0:02:48for the rest of his life, every day.
0:02:49 > 0:02:52He was jailed for four years for causing grievous bodily harm.
0:02:55 > 0:02:56I hate him.
0:02:56 > 0:02:59That's a strong word, but I do hate him and I always will.
0:02:59 > 0:03:03Charlie continues to live with the effects of being shaken.
0:03:03 > 0:03:06He suffered bleeding on the brain, behind the eyes
0:03:06 > 0:03:08and brain swelling.
0:03:08 > 0:03:12Together, these three symptoms are called the triad.
0:03:12 > 0:03:16For most doctors, they point towards a diagnosis of what used
0:03:16 > 0:03:19to be called shaken baby syndrome.
0:03:19 > 0:03:22It's now known as abusive head trauma.
0:03:22 > 0:03:26Last year, hospitals recorded more than 100 cases
0:03:26 > 0:03:28of babies with these symptoms.
0:03:28 > 0:03:32We are now more confident that that so-called triad
0:03:32 > 0:03:35of symptoms or signs, the bleeding behind the eyes,
0:03:35 > 0:03:38the bleeding of the head and the sudden collapse,
0:03:38 > 0:03:40we are more confident about that
0:03:40 > 0:03:43as being caused by an abusive injury.
0:03:44 > 0:03:49Children's doctor Geoff Debelle says there is good scientific evidence.
0:03:49 > 0:03:51It's the mainstream view.
0:03:53 > 0:03:56Nothing's easy when it comes to this area,
0:03:56 > 0:04:01but figures are up around 85% or over
0:04:01 > 0:04:05in terms of probability, based on systematic reviews.
0:04:07 > 0:04:12So, for every 100 babies with the triad of symptoms,
0:04:12 > 0:04:15most doctors think further evidence of abuse
0:04:15 > 0:04:18will usually be found in about 85 -
0:04:18 > 0:04:21leaving 15 cases where we can't be sure
0:04:21 > 0:04:24or where natural causes are discovered.
0:04:26 > 0:04:29Are these cases that keep you awake at night?
0:04:29 > 0:04:30Yeah.
0:04:32 > 0:04:33They do.
0:04:33 > 0:04:35In what way?
0:04:35 > 0:04:36Am I wrong?
0:04:38 > 0:04:39That's the one.
0:04:40 > 0:04:41How sure can I be?
0:04:41 > 0:04:43Could it have been something else?
0:04:48 > 0:04:52There are, though, a small number of doctors who believe the triad
0:04:52 > 0:04:56is not strong enough evidence to diagnose abuse.
0:04:56 > 0:04:59I would think it may well be possible to shake a baby
0:04:59 > 0:05:02sufficiently that you kill it.
0:05:02 > 0:05:06I'm sure that if you're violent enough, you could do that.
0:05:06 > 0:05:07But I don't think we can say
0:05:07 > 0:05:10because we have the triad that shaking has taken place.
0:05:12 > 0:05:15Doctor Waney Squier studies babies' brains.
0:05:15 > 0:05:17Her research into how they develop
0:05:17 > 0:05:22and how brain cooling can help treat injury has been a ground-breaking.
0:05:22 > 0:05:24She believes there's a lack of proof
0:05:24 > 0:05:26for the mainstream view on shaking.
0:05:29 > 0:05:32There is very little science in shaken baby syndrome.
0:05:34 > 0:05:35It's become a label.
0:05:36 > 0:05:41Virtually all of the data supporting shaken baby syndrome
0:05:41 > 0:05:45have taken babies who had the triad and called them abuse.
0:05:45 > 0:05:47We're not there at the time of collapse.
0:05:47 > 0:05:50We don't know if these babies have been shaken or not.
0:05:52 > 0:05:57Dr Squier gives expert evidence in court, usually for the defence.
0:05:57 > 0:06:01In 2010, she was reported to the doctor's regulator,
0:06:01 > 0:06:05the General Medical Council or GMC.
0:06:05 > 0:06:08She's accused of misrepresenting research,
0:06:08 > 0:06:11going beyond her expertise and misleading the courts.
0:06:14 > 0:06:18For the past 12 months, we've followed Dr Squier.
0:06:18 > 0:06:23She fears being struck off, no longer allowed to practise medicine.
0:06:23 > 0:06:26I'm still going to fight it very hard because I think that
0:06:26 > 0:06:30would be completely wrong and completely disproportionate.
0:06:30 > 0:06:32I'm at the end of a long career,
0:06:32 > 0:06:34over 30 years studying baby brains.
0:06:35 > 0:06:39Today, she's on her way to the latest hearing.
0:06:39 > 0:06:42She estimates she's given evidence in 50 cases
0:06:42 > 0:06:45involving allegations of shaking.
0:06:45 > 0:06:50In the spotlight are six where judges were highly critical of her.
0:06:50 > 0:06:52Now, there's a seventh -
0:06:52 > 0:06:55an appeal against an adoption.
0:06:55 > 0:06:58The judges complained they didn't know Dr Squier
0:06:58 > 0:06:59was under investigation.
0:07:03 > 0:07:04It's a long day,
0:07:04 > 0:07:07which goes against her.
0:07:07 > 0:07:08I'm still a bit numb.
0:07:08 > 0:07:09I think it needs to sink in.
0:07:15 > 0:07:18The hearing concludes she must inform the lawyer
0:07:18 > 0:07:22she's working with that she's facing allegations.
0:07:22 > 0:07:24She says she always does.
0:07:24 > 0:07:29Back at work in Oxford, she checks the GMC website.
0:07:29 > 0:07:31She remains defiant.
0:07:31 > 0:07:34You've got this feeling inside where you just feel sick.
0:07:34 > 0:07:38I'm not going to be beaten up by a small group of people
0:07:38 > 0:07:41who are determined to get me out of the courts.
0:07:41 > 0:07:45The GMC insists Dr Squier's views on shaking
0:07:45 > 0:07:47are not under scrutiny,
0:07:47 > 0:07:49just how she gives her evidence.
0:07:50 > 0:07:53Judges said that evidence of shaken baby syndrome...
0:07:53 > 0:07:57I first met Dr Squier more than a decade ago.
0:07:57 > 0:08:00She once agreed with most doctors that the triad
0:08:00 > 0:08:03of brain and eye symptoms pointed to a child being shaken.
0:08:05 > 0:08:08I went along with what I was taught at medical school
0:08:08 > 0:08:10and what was in the textbooks
0:08:10 > 0:08:14and believed that shaken baby syndrome existed,
0:08:14 > 0:08:17that if we had the triad, I would write the diagnosis
0:08:17 > 0:08:18of shaken baby syndrome.
0:08:20 > 0:08:24She even gave evidence for the prosecution in about ten cases
0:08:24 > 0:08:27where parents were accused of shaking their baby.
0:08:30 > 0:08:33I remember being here at the Royal Courts of Justice in London
0:08:33 > 0:08:35in 2005.
0:08:35 > 0:08:38I was reporting on a case where a mother was appealing
0:08:38 > 0:08:42against her conviction and Dr Squier had given evidence
0:08:42 > 0:08:45that had helped convict her.
0:08:45 > 0:08:49This time, Dr Squier was appearing for her.
0:08:49 > 0:08:52Dr Squier had changed sides,
0:08:52 > 0:08:57giving evidence against a conviction she'd helped to secure.
0:08:57 > 0:08:59The mother's conviction was quashed.
0:09:01 > 0:09:05There was new research into abusive head injuries in children.
0:09:05 > 0:09:09It reported that the brain damage doctors expected to see
0:09:09 > 0:09:10hadn't been found.
0:09:10 > 0:09:15It made Dr Squier question the whole shaken baby diagnosis.
0:09:20 > 0:09:23That's why she believes it's essential to challenge science
0:09:23 > 0:09:26in cases where so much is at stake.
0:09:27 > 0:09:32I think one of the favourite parts of being a dad is feeding time.
0:09:33 > 0:09:36These are precious photos for Ela.
0:09:36 > 0:09:40They show her brother Ryszard Spiewak in 2008
0:09:40 > 0:09:42with his newborn son Piotr.
0:09:43 > 0:09:46Unfortunately, I never had a chance to meet him.
0:09:47 > 0:09:50I hoped for it, but it...
0:09:50 > 0:09:52didn't happen.
0:09:52 > 0:09:55She was in Poland, Ryszard was in Peterborough.
0:09:55 > 0:09:58When Piotr was six weeks old,
0:09:58 > 0:10:00he collapsed whilst in his father's care.
0:10:01 > 0:10:04Four days later he died.
0:10:04 > 0:10:06My mum called me and she told me
0:10:06 > 0:10:10that my brother was arrested on the suspicion of murdering his son.
0:10:10 > 0:10:13And I cried my eyes after hearing this.
0:10:14 > 0:10:18At the trial, the prosecution pointed to bleeding
0:10:18 > 0:10:22and brain swelling, that suggested Piotr had been shaken.
0:10:22 > 0:10:27He also appeared to have ten broken ribs and fractures to his skull.
0:10:27 > 0:10:30It looked straightforward.
0:10:30 > 0:10:33But defence experts discovered the skull fractures
0:10:33 > 0:10:37were gaps in the bone caused by a genetic condition.
0:10:38 > 0:10:40Some very senior people have
0:10:40 > 0:10:43completely misinterpreted these findings.
0:10:43 > 0:10:45A colleague of mine in Oxford looked at the scans
0:10:45 > 0:10:47and picked up the diagnosis.
0:10:48 > 0:10:54The prosecutor said, "Can we just stop the trial now and postpone it?"
0:10:55 > 0:10:58My brother was released on bail, we thought...
0:10:59 > 0:11:01"..This is it, he'll be released."
0:11:02 > 0:11:04But that wouldn't be the end of the case.
0:11:11 > 0:11:15These are some of the most difficult decisions that are made,
0:11:15 > 0:11:16both by criminal courts
0:11:16 > 0:11:20and family courts, where children can be taken into care.
0:11:20 > 0:11:23I'm going to meet a retired High Court judge
0:11:23 > 0:11:26who's presided over about a dozen cases
0:11:26 > 0:11:29where shaking has been alleged.
0:11:29 > 0:11:31In cases where children have been harmed,
0:11:31 > 0:11:35allegedly by their parents, the stakes are extraordinary high
0:11:35 > 0:11:39because in a criminal case, a parent is facing a long prison sentence.
0:11:39 > 0:11:44In family cases, they are facing the loss of surviving children.
0:11:46 > 0:11:50Decisions that can pull families apart.
0:11:50 > 0:11:54One of the UK's leading barristers says it adds to the pressure
0:11:54 > 0:11:58in cases that stand or fall by the medical evidence.
0:12:00 > 0:12:03In the criminal law, we call for certainty.
0:12:03 > 0:12:06You know, "Don't convict somebody," a judge will say,
0:12:06 > 0:12:09unless you are sure that they are guilty.
0:12:09 > 0:12:14And that draws people into levels of sureness.
0:12:14 > 0:12:16"I am categorically sure that this baby couldn't have had
0:12:16 > 0:12:18"these injuries unless it was shaken."
0:12:18 > 0:12:22Somebody on the other side saying, "Well, actually, I don't think it would have taken very much."
0:12:22 > 0:12:23It's the system that does it,
0:12:23 > 0:12:26it turns people into dogmatic witnesses.
0:12:31 > 0:12:36This area of medicine is a small world where experts know each other.
0:12:36 > 0:12:40And Dr Squier is not the only one to have had a rethink.
0:12:41 > 0:12:43- Hi.- How are you?
0:12:44 > 0:12:47I'm so sorry I couldn't be here for your party.
0:12:48 > 0:12:53Dr Norman Guthkelch has just celebrated his 100th birthday.
0:12:58 > 0:13:01He's one of the scientists who, more than 50 years ago,
0:13:01 > 0:13:03helped identify the triad
0:13:03 > 0:13:07by studying children who were shaken by their parents.
0:13:09 > 0:13:12You can't just leap from an observation
0:13:12 > 0:13:15to a conclusion of that sort
0:13:15 > 0:13:18unless you're absolutely certain
0:13:18 > 0:13:20that there's no other possibility.
0:13:21 > 0:13:25He is also worried that some doctors are too quick to say
0:13:25 > 0:13:27a child has been shaken.
0:13:27 > 0:13:33No accusation of criminal activity should ever be made
0:13:33 > 0:13:37without excellent reasons.
0:13:42 > 0:13:44Welcome back, ladies and gentlemen.
0:13:46 > 0:13:49Dr Squier travels the world giving evidence in cases
0:13:49 > 0:13:51of alleged shaking.
0:13:51 > 0:13:56She's in the United States for the trial of 34-year-old David Allen.
0:13:56 > 0:13:59He's accused of killing his baby son.
0:13:59 > 0:14:01Do you swear to tell the truth, the whole truth
0:14:01 > 0:14:03and nothing but the truth, so help you God?
0:14:03 > 0:14:04- I do.- Kindly have a seat.
0:14:04 > 0:14:09In the UK, filming isn't usually allowed in court, but here it is.
0:14:12 > 0:14:15I can find nothing to support the hypothesis
0:14:15 > 0:14:17that shaking was involved.
0:14:17 > 0:14:20I cannot exclude there having been trauma, which left no mark,
0:14:20 > 0:14:23and led to swelling.
0:14:24 > 0:14:28Yet, David Allen admitted shaking, crushing and dropping
0:14:28 > 0:14:30his nine-month-old son,
0:14:30 > 0:14:32then retracted his confession.
0:14:32 > 0:14:36Dr Squier accepts he may be guilty,
0:14:36 > 0:14:39but can only comment on the child's brain damage.
0:14:39 > 0:14:42She says there are other explanations she can't rule out,
0:14:42 > 0:14:44such as a stroke.
0:14:44 > 0:14:47It's what I've seen in a number of other cases
0:14:47 > 0:14:51with obstruction of blood flow out of the brain.
0:14:52 > 0:14:57Next, the sort of questioning she regularly faces in UK courts.
0:14:57 > 0:15:00- Rib fractures could be caused by trauma.- Yes.
0:15:00 > 0:15:03And wrist fracture could be caused by trauma, correct?
0:15:03 > 0:15:05All of those can be explained by trauma, isn't that true?
0:15:05 > 0:15:08Ah, they can, but it doesn't fit the whole picture in this case.
0:15:08 > 0:15:09According to you.
0:15:09 > 0:15:12No, according to the findings, according to the evidence.
0:15:12 > 0:15:14- Thank you. - WOMAN:- And underneath it...
0:15:14 > 0:15:17Her disciplinary action is also on the agenda.
0:15:17 > 0:15:22The prosecutor focuses on the cases the GMC is considering,
0:15:22 > 0:15:24where others had diagnosed shaking.
0:15:26 > 0:15:28And you were indicating that that could not be a diagnosis
0:15:28 > 0:15:30made in those cases?
0:15:30 > 0:15:33In all of those cases, I suggested that shaking was unlikely
0:15:33 > 0:15:36because there were other more likely causes of their collapse.
0:15:36 > 0:15:42After weighing all the evidence, the jury finds David Allen guilty.
0:15:42 > 0:15:45He's now serving a 20-year prison sentence.
0:15:45 > 0:15:47Well, I'm getting quite used to being
0:15:47 > 0:15:50one of the few experts for the defence,
0:15:50 > 0:15:54sometimes I'm the only one, that's just the way it is.
0:15:54 > 0:15:55Partly, it's a funding issue,
0:15:55 > 0:15:57but it's mostly because I'm one of the few people
0:15:57 > 0:16:02who is willing to challenge this shaken baby hypothesis.
0:16:12 > 0:16:17Back in the UK, Dr Squier moves the 160 miles from home
0:16:17 > 0:16:20to a rented cottage near Manchester,
0:16:20 > 0:16:25ready for the five-month hearing that will decide her future.
0:16:25 > 0:16:26Just look, look at that.
0:16:27 > 0:16:29Isn't that absolutely fantastic?
0:16:32 > 0:16:36She does accept some parents hurt their children,
0:16:36 > 0:16:40but she's accused of insisting there could be natural causes,
0:16:40 > 0:16:44whilst ignoring evidence that strongly points to shaking.
0:16:46 > 0:16:49The case being made against you is that whether it's HIV,
0:16:49 > 0:16:54choking, thrombosis, anything however unsupported,
0:16:54 > 0:16:58that you will still say, "This is not shaking."
0:16:58 > 0:17:02That's the nub of what the GMC is saying.
0:17:02 > 0:17:05I believe that's incorrect
0:17:05 > 0:17:08in that in all of these cases,
0:17:08 > 0:17:12my arguments for an alternative diagnosis WERE supported,
0:17:12 > 0:17:17whereas the shaking hypothesis was NOT supported in any of these cases.
0:17:18 > 0:17:22Have you quite simply become too fixed,
0:17:22 > 0:17:26too engrossed in your standpoint on this?
0:17:26 > 0:17:27I very much hope not
0:17:27 > 0:17:31because I'm constantly reading the literature, I'm constantly
0:17:31 > 0:17:36seeing what those who believe in shaken baby syndrome are writing.
0:17:36 > 0:17:40I, whenever I can, go to meetings and discuss it with those
0:17:40 > 0:17:42who are willing to discuss it
0:17:42 > 0:17:46because it's too important to get wrong.
0:17:48 > 0:17:50She's also accused of offering opinions
0:17:50 > 0:17:54outside her particular specialism.
0:17:54 > 0:17:57If any expert does that, it's serious.
0:17:58 > 0:18:00Most, but not all,
0:18:00 > 0:18:04but most miscarriages of justice can often be traced back
0:18:04 > 0:18:07to an expert who has ventured
0:18:07 > 0:18:09outside their field of expertise,
0:18:09 > 0:18:13but has nevertheless maintained that aura of authority,
0:18:13 > 0:18:17which has led to people placing a reliance on it
0:18:17 > 0:18:18they shouldn't have done.
0:18:20 > 0:18:21Sir Mark was the judge
0:18:21 > 0:18:25in at least one of the cases for which she's criticised.
0:18:25 > 0:18:29But he has concerns about a small number of experts
0:18:29 > 0:18:31on both sides of the argument.
0:18:31 > 0:18:36And I think there are some who simply will not accept
0:18:36 > 0:18:43that shaking can cause the kind of injuries that are regularly seen
0:18:43 > 0:18:46and there are others who are sometimes too ready
0:18:46 > 0:18:49to come to the conclusion there has been shaking,
0:18:49 > 0:18:52when actually, it may be a case that medical knowledge
0:18:52 > 0:18:55simply does not yet fully understand the mechanisms.
0:18:57 > 0:18:59Given these broader concerns,
0:18:59 > 0:19:01some of Dr Squier's supporters
0:19:01 > 0:19:04believe she's been unfairly targeted.
0:19:04 > 0:19:08I expected a very boring talk, to be honest, I expected it...
0:19:08 > 0:19:10Heather Kirkwood, an American lawyer,
0:19:10 > 0:19:14thinks Dr Squier's problems can be traced back six years
0:19:14 > 0:19:16to a conference in the States
0:19:16 > 0:19:20for international experts on shaken baby cases.
0:19:20 > 0:19:23She took careful notes at one workshop.
0:19:23 > 0:19:27Well, within five minutes it was clear that this was a talk
0:19:27 > 0:19:33on a coordinated plan to eliminate those who questioned
0:19:33 > 0:19:36shaken baby syndrome, particularly in the courts in the UK.
0:19:36 > 0:19:38Which must have caused him...
0:19:38 > 0:19:42Colin Welsh, a detective inspector with the Metropolitan Police,
0:19:42 > 0:19:44led the workshop.
0:19:44 > 0:19:47He told delegates how convictions in the UK had increased.
0:19:47 > 0:19:50He said he'd worked with lawyers and doctors
0:19:50 > 0:19:54to question everything about defence experts.
0:19:55 > 0:19:59"Qualifications, employment history, testimony,
0:19:59 > 0:20:02"research papers presented by these experts."
0:20:02 > 0:20:06His notes were obtained under the Freedom of Information Act.
0:20:06 > 0:20:10They describe how two of the most high-profile defence experts
0:20:10 > 0:20:13were facing disciplinary action.
0:20:14 > 0:20:17"It is now inconceivable that the defence will be able to
0:20:17 > 0:20:22"successfully deploy these experts in similar cases in the future."
0:20:22 > 0:20:27One is Dr Squier, the other, Dr Marta Cohen.
0:20:28 > 0:20:31I felt at some moments very down.
0:20:31 > 0:20:34I even had my...
0:20:35 > 0:20:37I have considered leaving the UK.
0:20:38 > 0:20:42Dr Cohen has an international reputation for investigating
0:20:42 > 0:20:45unexplained deaths in babies.
0:20:45 > 0:20:48Everything that was said confirmed that there was a plan.
0:20:48 > 0:20:53It's very sad because the only way that science can progress
0:20:53 > 0:20:55is through debate.
0:20:55 > 0:20:58The way that this has been treated is to silence science.
0:20:58 > 0:21:02This is what I feel that they are just obliterating.
0:21:04 > 0:21:11But the notes from the 2010 workshop also make DI Welsh's concerns clear.
0:21:11 > 0:21:14He and others were worried by a number of cases
0:21:14 > 0:21:17where people accused of harming children were acquitted.
0:21:19 > 0:21:22His belief is that people who do bad things to children
0:21:22 > 0:21:25are getting away with it and that you're helping them.
0:21:25 > 0:21:29I very much hope we're not allowing child abusers to get away,
0:21:29 > 0:21:33but my concern is that on the contrary, we're...
0:21:33 > 0:21:38we're convicting or removing children from...
0:21:38 > 0:21:43parents who haven't harmed their children because we haven't seen,
0:21:43 > 0:21:48we haven't had enough emphasis on the natural causes of this triad.
0:21:48 > 0:21:50..that their actions had cost the lives of...
0:21:50 > 0:21:53Colin Welsh, who retired three years ago, hasn't commented.
0:21:53 > 0:21:57The Metropolitan Police say they fully supported
0:21:57 > 0:22:00his involvement in the 2010 conference.
0:22:05 > 0:22:09Last October, Dr Squier's full hearing begins
0:22:09 > 0:22:12at the Medical Practitioners Tribunal Service.
0:22:13 > 0:22:15Over the next five months,
0:22:15 > 0:22:20the GMC prosecutor details the case against Dr Squier.
0:22:20 > 0:22:23It takes place away from cameras.
0:22:24 > 0:22:26"She flouted the rules and was driven by a desire..."
0:22:26 > 0:22:28"She gets a report that doesn't support her view,
0:22:28 > 0:22:30"yet cracks on anyway with her..."
0:22:30 > 0:22:33"We submit she acted irresponsibly in each case."
0:22:34 > 0:22:38Her defence team fights back, saying all experts
0:22:38 > 0:22:42provide some information outside their narrow specialism.
0:22:42 > 0:22:45"The court will not be assisted by being left in ignorance
0:22:45 > 0:22:47"that there are views opposing..."
0:22:47 > 0:22:48"She did not give any evidence
0:22:48 > 0:22:51"which was deliberately misleading or dishonest."
0:22:53 > 0:22:57The panel retires to consider its decision.
0:22:59 > 0:23:03Dr Squier is convinced cases like Ryszard Spiewak's
0:23:03 > 0:23:07underline why scientific opinion should be challenged.
0:23:07 > 0:23:12His trial was stopped when it was discovered a genetic abnormality
0:23:12 > 0:23:14caused gaps in his son's skull.
0:23:14 > 0:23:17They weren't fractures,
0:23:17 > 0:23:20but Ryszard soon faced a second trial,
0:23:20 > 0:23:24again accused of shaking Piotr.
0:23:24 > 0:23:28He insisted he hadn't harmed him, that his baby had a fit.
0:23:28 > 0:23:31Doctor Squier gave evidence in his defence.
0:23:32 > 0:23:36We had a perfectly natural explanation for this.
0:23:36 > 0:23:41This all could have been due to the malformation that this baby had,
0:23:41 > 0:23:42the genetic problem.
0:23:42 > 0:23:44But the prosecution said Ryszard
0:23:44 > 0:23:48was a video game addict, angered by his crying son.
0:23:49 > 0:23:53There was the triad of symptoms associated with shaking
0:23:53 > 0:23:57and what appeared to be ten broken ribs.
0:23:57 > 0:24:02He got senten...life sentenced with minimum 16 years.
0:24:02 > 0:24:04We lost...
0:24:04 > 0:24:05all the hope and...
0:24:07 > 0:24:09..we didn't know what's going to happen next.
0:24:11 > 0:24:13For six years now,
0:24:13 > 0:24:17Ela and her mother have been visiting Ryszard in prison.
0:24:17 > 0:24:20His case still worries Dr Squier,
0:24:20 > 0:24:24so she discussed it with a leading geneticist.
0:24:24 > 0:24:25He's funded new research
0:24:25 > 0:24:30into the effect of Piotr's genetic condition on human ribs.
0:24:30 > 0:24:33If it turns out to be linked to rib damage, then it could mean
0:24:33 > 0:24:36Ryszard's conviction for murder is unsafe.
0:24:38 > 0:24:42If there is any doubt in someone's case, you know,
0:24:42 > 0:24:44you should dig deeper and...
0:24:45 > 0:24:48..you should check every detail before you actually convict someone
0:24:48 > 0:24:50and ruin their life.
0:24:51 > 0:24:53- ALL:- Happy birthday...
0:24:53 > 0:24:56There's no doubt Charlie was shaken,
0:24:56 > 0:25:00so his mum worries doctors won't be vigilant enough.
0:25:01 > 0:25:05If Charlie's dad would have got away with what he'd done, I don't know...
0:25:05 > 0:25:07how I would have lived with that.
0:25:08 > 0:25:12She now campaigns to highlight the dangers of shaking.
0:25:12 > 0:25:17She has a simple message for anyone who becomes tired or stressed
0:25:17 > 0:25:19caring for a baby.
0:25:19 > 0:25:22Walk away. Put the baby down. Take a break.
0:25:22 > 0:25:25Let the baby scream or cry if it needs to,
0:25:25 > 0:25:27that's not going to harm it or kill it.
0:25:27 > 0:25:29But if they pick that baby up,
0:25:29 > 0:25:33just a few seconds of shaking can cause that damage
0:25:33 > 0:25:36that is going to affect them for the rest of their life.
0:25:38 > 0:25:40The scientific arguments over shaken baby cases
0:25:40 > 0:25:43will need to be resolved,
0:25:43 > 0:25:46but that won't happen at disciplinary hearings,
0:25:46 > 0:25:49according to the doctors' regulator.
0:25:49 > 0:25:51The GMC and, indeed, the courts
0:25:51 > 0:25:56are not a way of resolving scientific dispute.
0:25:58 > 0:26:01We recognise that people have high passions around this area.
0:26:02 > 0:26:06Ultimately they will be resolved by scientific experts
0:26:06 > 0:26:10coming together to more of a shared view of what is happening.
0:26:10 > 0:26:11Now, that's complex and difficult.
0:26:12 > 0:26:1712 years ago, there was an equally bitter row over the way
0:26:17 > 0:26:20doctors handled so-called cot deaths.
0:26:20 > 0:26:24There was an inquiry which took the heat out of that dispute,
0:26:24 > 0:26:27led by Baroness Kennedy.
0:26:27 > 0:26:29I think it's very helpful to have
0:26:29 > 0:26:31an inquiry that takes place
0:26:31 > 0:26:34with a level of calm, where you can look at the evidence,
0:26:34 > 0:26:37rather than turning on individuals.
0:26:37 > 0:26:39We shouldn't close our minds down on the fact that
0:26:39 > 0:26:41there may be truths on both sides.
0:26:42 > 0:26:46I asked if the Royal College of Paediatrics and Child Health
0:26:46 > 0:26:49would consider leading such a review.
0:26:49 > 0:26:52The notion you put of a - if I can say it -
0:26:52 > 0:26:58a Baroness Kennedy-like working group would be an ideal way forward.
0:26:58 > 0:27:01I think I'll take you up on that idea.
0:27:01 > 0:27:07We shouldn't be asking the courts to adjudicate on these arguments,
0:27:07 > 0:27:09we should be doing it ourselves.
0:27:10 > 0:27:15The college will discuss the idea at its next child protection meeting.
0:27:16 > 0:27:19That will be too late for Dr Squier.
0:27:19 > 0:27:22Last Friday, the disciplinary panel decided
0:27:22 > 0:27:25she'd brought her profession into disrepute
0:27:25 > 0:27:27through the evidence she gave in court.
0:27:27 > 0:27:30'It concluded she'd been irresponsible,
0:27:30 > 0:27:32'dishonest and misleading.'
0:27:32 > 0:27:36Do you regret getting involved in these cases?
0:27:36 > 0:27:40If I thought I had done anything wrong, I would have shut up.
0:27:40 > 0:27:44Immediately. And gone back and hidden away.
0:27:46 > 0:27:48I don't think I've done anything wrong.
0:27:50 > 0:27:53And I think that, essentially, this will be shown.
0:27:54 > 0:27:58In the next fortnight she's likely to be sanctioned.
0:27:58 > 0:28:00She may be struck off.
0:28:03 > 0:28:05So, we light it, but we can't touch it.
0:28:05 > 0:28:08We're lighting the candle to raise awareness
0:28:08 > 0:28:10for the children that have passed away.
0:28:10 > 0:28:15At the heart of these arguments are children who need our protection.
0:28:15 > 0:28:20The most important thing is the child and finding out exactly,
0:28:20 > 0:28:22you know, what happened, getting the truth.
0:28:24 > 0:28:29Finding that truth couldn't be more important for babies.
0:28:29 > 0:28:34Dr Squier has been judged to be misleading in evidence she's given,
0:28:34 > 0:28:37but that won't end the scientific row.
0:28:37 > 0:28:39Only doctors can do that.