Toddler may have been stamped on

Brandon Muir died after his intestine ruptured

A forensic pathologist has told a murder trial that toddler Brandon Muir may have died after someone stamped on his stomach.

The 23-month-old, from Dundee, died in hospital on 16 March last year after suffering a ruptured intestine.

Dr Julie MacAdam also told the High Court in Glasgow she could not rule out someone forcing their knee into him.

Robert Cunningham, 23, denies murdering the toddler. Brandon's mother, Heather Boyd, denies culpable homicide.

Dr MacAdam said she helped carry out a post-mortem examination on the child.

A heavy blow such as a punch or a kick, perhaps a stamp or a fall onto a blunt object

Julie MacAdam
Forensic pathologist

The jury earlier heard how Brandon died from acute peritonitis caused by a ruptured intestine brought on by blunt force abdominal trauma.

Prosecutor James Wolffe QC asked the pathologist: "Are you able to give examples of blunt force abdominal trauma?"

She replied: "A heavy blow such as a punch or a kick, perhaps a stamp or a fall onto a blunt object."

Dr MacAdam, based at Glasgow University, said it would not be "a gradual push", but something of "significant impact".

Ms Boyd's QC Donald Findlay later asked if such an injury could be caused by a "driving" of the knee or a part of the foot into the abdomen.

She told him: "With sufficient force, that could not be excluded."

'Treated successfully'

Mr Cunningham's QC Ian Duguid asked was it not "curious" that there was no external bruising on Brandon relating to the rupture?

Dr MacAdam said: "That does not concern me at all, that is not uncommon. People who have fallen great heights or been involved in car crashes have not had external injuries."

Consultant paediatric surgeon Dr John Orr said the injury that Brandon suffered was "rare".

Dr Orr, based at Edinburgh's Royal Hospital for Sick Children, backed up earlier evidence that the child would have been in pain adding that any movement would "exacerbate" the suffering.

However, he added: "There is no reason to believe that if Brandon was brought to hospital in a reasonable amount of time that he would not have been treated successfully."

Mr Cunningham is accused of murder by assaulting Brandon so severely on 15 March last year 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.