Crime
Appeal judges to rule over babysitter's freedom bid
A WOMAN convicted of killing a toddler three years ago could walk out of jail today if appeal judges agree to quash her conviction.
Convicted murderer Suzanne Holdsworth will hear this morning whether judges at London's Court of Appeal believe she has been the victim of a serious miscarriage of justice.
They could acquit her, order a retrial, or deem her conviction safe - meaning she must serve at least another seven years in prison.
Last week, the 37-year-old appealed against her conviction for the killing of Kyle Fisher in 2004, claiming she did not assault him and cause massive head injuries while she babysat him.
Her defence team said there was no credible evidence that she repeatedly rammed his head against the bannister at her home in Hartlepool - as claimed by prosecutors - causing him massive head trauma.
Instead, they said pre-eminent medical experts had found that two-year-old Kyle suffered from brain abnormalities, which pre-disposed him to epileptic fits, and which were not picked up before Holdsworth first went on trial.
Her defence barrister, Henry Blaxland QC, said experts believed that Kyle had suffered a massive epileptic fit while at Holdsworth's home in Millpool Close, causing him to stop breathing and suffer swelling to his brain.
Kyle, of nearby Troutpool Close, Hartlepool, died two days later.
However, Andrew Robertson QC, for the prosecution, said he believed the conviction was safe and said he believed numerous bruises on Kyle's head, jaw and shoulders had been caused by Holdsworth. He said: "There is clear evidence here of significant trauma."
Last night, Holdsworth's partner, Lee Spencer, said he would not be attending the appeal judgement in London, instead preferring to stay at home in Leeds, should she be released from Low Newton Prison, in Durham.
He said: "I'm ecstatic. It has been four long years, but at last she may get justice.
"I think at the very least Suzanne will get a retrial, but nothing is certain.
"It's possible she could be home by Thursday night - but that's too much to take in."
Last night, Holdsworth's solicitor, Campbell Malone, said if a re-trial was ordered, he would immediately apply for bail.
However, he said Holdsworth made the decision last week that she would not travel to London for the judgement.
He said: "She found being at Holloway an horrendous experience, so does not want to go back. She is staying at Low Newton.
"If a retrial is ordered and we are in a position to make a bail application, then we will do that as soon as possible.
"There could be a short delay ... but there is a potential for her to be released."
2:03am Thursday 1st May 2008
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