Defence calls allegations ‘dubious’ in dead baby case
Posted Apr 23, 2012 11:18:12 AM.
This article is more than 5 years old.
The defence lawyer representing a Halifax father accused of abusing and killing his infant daughter called the allegations against his client dubious as he presented his closing argument to the Supreme Court of Nova Scotia today.
Ashiqur Rahman, 26, pleaded not guilty to manslaughter and aggravated assault in the death of his seven-week-old daughter Aurora Breakthrough, who died July 27, 2009.
“This is the kind of case which more easily excited emotion,” defence lawyer Don Murray told the court and he urged the court to look at the facts of the case without emotion.
Murray went on to describe the bulk of the evidence and testimony given during the trial as not satisfying, not complete or inconclusive.
“The absence of clarity almost strikes us as an affront,” said Murray.
The defence went on to remind the court that Aurora Breakthrough was diagnosed as having a heart defect and may have died as a result of a heart attack and not the alleged abuse.
He suggested that Aurora may have had an undiagnosed bone defect which would have explained injuries to her ribs, wrist and long bones, and he suggested these injuries happened when either parent co-slept with the baby and not as a result of any abuse.
Murray also suggested that the baby’s body showed evidence of healing injuries which would have occurred outside the dates when the baby’s mother alleged her daughter was abused.
Jane Gomes testified during the case that there five instances when Rahman had slapped and shaken, or otherwise acted inappropriately with their infant daughter while they were living together in their Gottingen Street apartment.
Gomes pleaded guilty last year to failing to provide the necessities of life for her child.
Rahman testified in his own defence and denied all accusations. He said he rarely held his daughter, fed her or changed her because that was the way his common law spouse wanted it.
Five days have been set aside for closing arguments. The Crown is expected to start is final statements tomorrow.
