A dad caused catastrophic and permanent brain damage to his own eight-week-old son after he violently shook the child, a court has heard.
Nicholas Bateman, 31, lied for years about how his son suffered the injuries, claiming his he had accidentally hit his head while being picked up. But once his trial started Bateman told the terrible truth – that he’d shaken the infant because he wouldn’t stop crying on March 9, 2018, reports Wales Online.
The child is now aged five and has cerebral palsy and is unable to speak, eat, or stand and cannot manage to sleep without being medicated, Merthyr Tydfil Crown Court heard.
A judge said upon sending him to prison for 10 years and nine months that no sentence could undo the damage he had caused.
Tom Roberts, prosecuting, told the court that prior to the incident, the baby boy had been "thriving" and there were no concerns about his health or treatment.
The day of the attack, mother attended a doctor's appointment and left her partner in charge of the house.
When she returned the little boy was lying on the sofa taking "short, sharp, gulping" breaths and turning blue and she found her partner crying.
She dialled 999 and began CPR on the infant as instructed by the call handler.
Bateman claimed the baby had bumped his head on the bony part of his shoulder as he picked him up.
A rapid response paramedic was on the scene within 10 minutes and administered lifesaving oxygen before rushing the tot to Prince Charles Hospital in Merthyr.
The baby was "floppy" and appeared in a "hypnotic state" and was in considerable pain when moved.
Scans showed significant swelling on the brain and he began suffering from seizures the next day and was rushed to the University Hospital of Wales in Cardiff.
Scans and tests showed brain damage, as well as revealing fractures to two ribs and fractures to his right ankle and knee.
Extensive bruising to his body and face also became apparent.
Bateman was subsequently arrested on March 22, 2018, but denied any offence and blamed his partner, family members, and medical staff.
The court heard the boy needs a specially-adapted wheelchair, cannot sleep without medication, and has no pain threshold.
He will continue to need intensive care and support for the foreseeable future.
The mum read an impact statement to the court and said it makes her sad to think about the life her son was born with but which he will never have again.
She went onto explain her anger at her former partner pleading guilty and that it had taken him five years to admit what he had done made it worse.
On the second day of the trial, Nicholas Bateman, of Windsor Road, Neath, admitted inflicting grievous bodily harm with intent.
Bateman previously pleaded guilty to assault occasioning actual bodily harm in respect of a separate assault on the boy – likely a pinch or a squeeze of his hand which left a red mark on his palm – believed to have been carried out the day before the major assault.
He has has no previous convictions.
Claire Ashworth, for Bateman, said nothing would absolve him of responsibility for what he did nor lessen the sadness of the case.
She said before the attack on his son, Bateman suffered from bouts of depression, and lost his job shortly before the birth of his son. He had feelings that he could not cope as a father.
Judge Lucy Crowther said prior to the attack on his son, Bateman had been a trusted partner and the baby had been thriving.
On March 9 he violently shook the baby, having first gripped him by the face and the chest, and then threw him down onto a soft surface.
The judge continued that the consequences of what the defendant did were devastating and caused irreversible brain damage and life-changing injuries..
She said the boy's condition had devastated his family, especially his mother, who not only had to cope with what was happening to her little boy but also had to go through the police investigation because the defendant would not tell the truth, which he later revealed to to a psychiatrist and the author of the pre-sentence report – namely that he had shaken the boy when he would not stop crying.
The judge said no sentence the court could pass could undo the damage the defendant had done nor ease the grief of the boy's family.
With a 10 per cent discount for his guilty plea he was sentenced to 10 years and nine months in prison, and was also sentenced to eight-and-a-half months for the ABH to run concurrently.
He will serve up to two-thirds of the 10 years and nine months in custody before being released on licence.
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