Pair face UK jail for child cruelty

Pair face UK jail for child cruelty

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By Staff Reporter

A ZIMBABWEAN man and his South African ex-partner have been told by a UK judge that jail is "overwhelmingly likely" after they were convicted of the shocking neglect of their eight-month-old baby girl.

Bethson Mdhlongwa, 23, and his former partner, South African Nthabiseng Tshabalala, 24, were convicted of cruelty by neglect after their week-long trial by jury at the Derby Crown Court on Thursday.

A court heard how the duo, who both deny responsibility, failed to notice that the girl had suffered FIVE broken ribs and TWO leg fractures for FOUR weeks until a neighbour who heard the child crying for 30 minutes stormed their house and told them to seek help.

The eight-month-old was in so much distress that she yelped as she was moved around for an X-Ray at Derbyshire Royal Infirmary, the court heard.

Doctors discovered two breaks in the girl's right leg near her knee and ankle - allegedly caused by the limb being twisted - and five broken ribs.

They said the leg injuries were between two and four weeks old and her ribs had been injured between one and two weeks before her admission to hospital in March 2004.

The baby had been in the care of Mdhlongwa and Tshabalala at their flat in Beaufort Gardens, Chaddesden.

Prosecutor Mark van der Zwart told the jury: "These two defendants neglected this baby girl by failing to seek medical treatment for her when it must have been obvious to them she had suffered some serious injuries.

"They must have known, because of the nature of the injuries that this child had, that she was in pain and needed some treatment but they failed for some weeks to do that.

"The Crown says that the reason they delayed is because the injuries to this little girl must have been suffered while in their care."

Mr van der Zwart said one or both of the defendents injured the baby. He added: "Both were wholly responsible for prolonging that child's suffering."

Mr van der Zwart told the jury: "Doctors clearly formed the view that the fractures to the ribs were caused by a blow or being held, squeezed or gripped too tightly."

On Thursday, a judge commended a couple who intervened and awarded them £500.

Witnesses Amanda and Kelvin Brammer were commended by Judge John Wait at Derby Crown Court after their ex-neighbours were convicted of cruelty.

Following the jury's guilty verdicts, Judge Wait said: "It seemed plain that this case could have been very much worse but for the intervention of Mr and Mrs Brammer."

Mr and Mrs Brammer, who then lived in the flat next to Mdhlongwa in Beaufort Gardens, Chaddesden, heard the baby crying for 30 minutes at about 1am a few days before her hospital admission.

The baby sounded distressed and Mrs Brammer was so concerned that she knocked on the door to check everything was all right.

Tshabalala told her she did not know what was wrong and Mrs Brammer left, returning at 11am on March 10 to offer help.

Concerned about marks on the baby's back, Tshabalala turned up at Mrs Brammer's flat at 3pm the same day.

Judge Wait told the court the Brammers had "in all probability saved significant further harm being caused".

He added: "They acted in a wholly commendable way. I'm not intending to put a price on the good things they did because I suspect it is immeasurable."

But he said he hoped the couple could buy something for the baby they were expecting with the £500.

Detective Constable Sally Whitehouse, who led the investigation, told the Evening Telegraph newspaper: "Without their assistance, we would not have been able to secure a conviction.

"They put themselves out to assist our inquiry. Not many people are brave enough to do that."

Judge Wait remanded Mdhlongwa in custody, telling him prison was "almost inevitable". Tshabalala, of Cardiff, was bailed but told a custodial sentence was "overwhelmingly likely".

During the trial, Tshabalala admitted to being HIV positive while Mdhlongwa was forced to confess to cheque fraud.

They will be sentenced next month.
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