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Last Updated:  Wednesday, 12 March, 2003, 23:09 GMT
Baby killer jailed for 11 years
Alexander Ness
Alexander Ness admitted culpable homicide
A man who killed his baby son has been jailed for 11 years.

Alexander Ness, from Edinburgh, shook 11-week-old Caleb to death.

He originally faced a charge of murder, but his guilty plea to a charge of culpable homicide was accepted during his trial.

The 53-year-old was sentenced to 11 years in prison at the High Court in Edinburgh on Wednesday.

He will also spend a further four years on licence following his release.

Risk to children

Ness had pleaded diminished responsibility due to a brain injury.

Passing sentence, Lady Cosgrove said she had taken this impairment into account, as well as the "gravity" of the injuries he inflicted on Caleb.

She said she believed Ness posed a risk to young children.

And the judge pointed out that Ness had tried to incriminate his son's mother, 39-year-old Shirley Malcolm.

Shirley Malcolm
Caleb's mother holds up his picture as she leaves court
"The effect of that was Ms Malcolm, who had clearly suffered enormous grief and distress through the death of her baby, was subjected to further trauma," said Lady Cosgrove.

As she left the court after the sentencing, Ms Malcolm held aloft a picture of her dead son and said: "Eleven years for his life."

When asked if she was happy with the outcome of the case, she said: "No, I'd rather he got done for murder."

Caleb was killed by his father in October 2001 while his mother was at the chemist collecting her methadone prescription.

The court heard that his father had previously been jailed for crimes of violence and drug dealing.

At the time of the killing he was on licence after being released early from a five-year sentence.

Lifeless body

During Ness's trial the court heard that Caleb had spent three weeks in hospital withdrawing from the methadone his mother took during her pregnancy.

On the day of Caleb's death, Ness grabbed his son around the chest and shook him hard.

He then placed his lifeless body under a play frame and pretended nothing had happened.

Ms Malcolm, who had clearly suffered enormous grief and distress through the death of her baby, was subjected to further trauma
Lady Cosgrove
He refused to phone for an ambulance when Ms Malcolm returned to find Caleb lifeless.

She dialled the number herself but medics could not resuscitate the infant.

The trial heard that a maternity nurse at the Simpson Memorial Maternity Pavilion in Edinburgh had warned it was unsafe to send Caleb home with his parents.

However, the baby was put on an at-risk register and left in their care.

Edinburgh City Council has launched an inquiry into the handling of the case.

Memory trouble

Defence agent James Keegan asked the judge to take into account his client's diminished responsibility.

He said reports had shown that Ness had trouble with his memory and in absorbing information.

"This is not to say he was not aware of the dangers of squeezing or shaking a child because clearly he was," he said.

"The difficulty is that awareness is one thing but the practical aspect of the caring for a child of tender age is quite another matter."




WATCH AND LISTEN
The BBC's Aileen Clarke
"The judge said Ness continued to pose a risk, especially to young children"



SEE ALSO:
Father admits killing baby son
05 Feb 03 |  Scotland


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