Accused 'tried to save dying boy'

Brandon Muir died in hospital on 16 March last year

A couple accused of killing a Dundee toddler battled to save him, a court has heard.

Brandon Muir, who was 23-months-old, died on 16 March last year.

The High Court in Glasgow was shown a police interview where Robert Cunningham, 23, spoke of the efforts to try to revive Brandon.

Mr Cunningham denies murdering the toddler. The boy's mother, Heather Boyd, denies culpable homicide by failing to get him medical help.

Mouth to mouth

In the police interview, Mr Cunningham was asked what happened on 15 March, the day Brandon became sick.

He described how he gave the child breakfast that morning and that he was "perfect."

Mr Cunningham said that later in the day he twice gave the boy a telling off for trying to climb onto a window ledge.

He claimed he "tapped" the child on the hand and told him to stand at a wall.

Later in the evening Brandon began vomiting brown liquid, which Ms Boyd put down to a 24-hour bug, he told police.

Brandon was later placed on the couch where he fell asleep and Mr Cunningham then also dozed off.

He was woken by Ms Boyd's screams.

He said: "Brandon was lifted up and I put my ear to his head. Didn't feel nothing, didn't hear nothing."

I understand what you are saying that his stomach burst, but I honestly don't know how it happened

Robert Cunningham

They dialled 999 and Mr Cunningham explained how he and Ms Boyd "tried and tried" giving the boy mouth to mouth before paramedics rushed him to hospital.

He said he had been giving mouth to mouth for about five to 10 minutes.

Brandon was pronounced dead at Ninewells Hospital having suffered fatal acute peritonitis caused by a ruptured intestine brought on by blunt force abdominal trauma.

Det Sgt Colin Gall asked: "You understand what caused Brandon's death?"

Mr Cunningham told him: "I understand what you are saying that his stomach burst, but I honestly don't know how it happened.

He said Brandon used to fall all the time.

Det Sgt Gall asked: "Did he hurt himself that Saturday?"

Mr Cunningham replied: "I honestly don't know."

The trial also heard from two other detectives involved in the murder investigation.

Det Sgt Judith Clark described how she broke the news to Ms Boyd and Mr Cunningham that Brandon had died.

She said: "They were obviously upset. Heather burst into tears and appeared quite shocked. Robert put his head into the covers and was sobbing into the mattress."

Her colleague Det Con Paul Romanowski said he took a statement from Kelly Marie Parkin, a friend of Ms Boyd, who has since died.

Miss Parkin said Ms Boyd used heroin as she knew she got "stressed out due to the bairns."

She said she had been working as a prostitute in Dundee on the evening of 15 March when she met Ms Boyd and they later bought heroin.

In the statement, she added: "Heather was worried about bruises on Brandon that he had not had before.

"It was on his belly. I did not ask how bad it was. She gave no indication that it happened that day. She said that she had not caused the bruises."

Assaults

Mr Cunningham is accused of murder by assaulting Brandon so severely last 15 March at two flats in Balunie Crescent that he died the following day in hospital.

Mr Cunningham and Ms Boyd, 23, also face a charge of repeatedly and wilfully ill-treating Brandon between October 2007 and March 2008.

Ms Boyd is accused of assaulting her son at Douglas Family Centre in Dundee on 5 March last year.

Mr Cunningham is also charged with repeatedly and wilfully ill-treating another young boy at properties in Dundee between October 2007 and March 2008.

The pair deny all charges.

The trial, before Judge John Morris QC, continues.