A mother serving life behind bars for the brutal killing of her toddler daughter in Burton ought to have her murder conviction overturned after fresh evidence emerged, a court has been hearing.
Lawyers representing Kathryn Smith, who was found guilty of murder and child cruelty after her 21-month-old daughter Ayeeshia Jane Smith was beaten and stamped to death at her home in Britannia Drive, in Stretton.
The 24-year-old was ordered to serve at least 24 years behind bars at Birmingham Crown Court in April last year for the killing which shocked the country.
Smith, previously of Overseal, is challenging her murder conviction at the Court of Appeal, in London, with her lawyers arguing it is “unsafe” conviction.
The Lord Chief Justice, Lord Thomas, was due to announce the court’s ruling in March after the case was heard in November.
However, the decision was delayed after her lawyers revealed new evidence had come to light as part of a serious case review into Ayeeshia's death. The review, which is being conducted into the alleged failings by social services at Derbyshire County Council, will not be revealed until Smith’s case has concluded.
Barrister John Butterfield QC said a doctor's opinion which was now available cast doubt upon some of the evidence given by medical experts during her original trial.
He told the court today, Wednesday, July 12, there was a "misunderstood entry" in Ayeeshia's medical records, which meant her weight had been wrongly recorded in the months before her death.
This, he said, was "profoundly troubling" as it gave jurors the incorrect impression that the child's weight had "plunged" dramatically while she was being cared for by her mother.
He argued that, in the context of a trial where Smith and Ayeeshia's stepdad, Matthew Rigby, were each blaming the other for her death; this evidence could have caused serious prejudice to Smith.
Rigby, 23, was found guilty of causing or allowing Ayeeshia's death but was cleared of murder and child cruelty. He is currently serving a 42-month sentence.
Mr Butterworth said the weight loss issue was "particularly concerning that it went to her detriment in a cut-throat case."
The barrister also said it had emerged that a blister on Ayeeshia's finger was sustained when she was in the care of someone else.
But Christopher Hotten QC, for the Crown, argued the convictions should be upheld, despite the new evidence.
He said Smith's own statements to police had placed her alone with Ayeeshia around the time the toddler suffered the fatal injuries.
Lord Thomas, sitting with Mr Justice Wyn Williams and Mr Justice Goss, said the court would give its ruling on Smith's appeal at a later date.
He said that, if Smith's conviction challenge fails, a decision would then be made on whether to cut her minimum jail term.
Timeline of events
July 15, 2012: Ayeeshia is born to 19-year-old Kathryn Smith who was no longer in a relationship with Ricky Booth, the father.
Feb 27, 2013: Kathryn attended a conference. It was agreed to keep Ayeeshia on a safeguarding plan under the category of emotional abuse. Three days earlier her boyfriend had smashed three doors.
June 5: A court hearing was held. Kathryn said that on June 2 her boyfriend came to her flat, and she refused him entry, taking Ayeeshia from flat. Power to place with foster carer.
From June to October: Ricky Booth saw Ayeeshia at a health care centre once a fortnight. The foster carer noted Ayeeshia was weary of men but came to trust the foster carer's husband, she was fussy with food, and woke in the night but her feeding pattern improved and she started to gain weight.
September 4: An advocates meeting takes place. All parties agreed Kathryn has made progress.
September 9: Kathryn was allowed unsupervised visits.
September 18: Foster carer said Ayeeshia's routine had not been adhered to when she was with her mother.
October 2: A court hearing agreed Ayeeshia would return to Kathryn
October 24: Rigby and Smith are officially in a relationship.
