Chaotic existence of tragic toddler

By Jo Perry
Central Scotland reporter, BBC Scotland news website

Brandon Muir's grave lies in the corner of a cemetery on the outskirts of Dundee.

The grave of Brandon Muir is marked by a plastic sign bearing his name

It does not have a headstone - in its place is a small blue plastic sign bearing the toddler's name.

Brandon died, aged just 23 months, after suffering more than 40 injuries, including a ruptured intestine and four broken ribs.

Over the course of a four-week trial, a jury at the High Court in Glasgow heard the harrowing details of his final hours.

They were told how he existed in an often chaotic environment with his heroin-addicted mother, Heather Boyd, and her boyfriend Robert Cunningham.

At his home in Dundee's Balunie Crescent, Brandon was often surrounded by those with drink and drug problems.

Neighbours of the couple reported noise and shouting coming from the flat on a regular basis.

Medical experts said it would have taken a "massive blow" to cause the injuries that led to his death on 16 March last year.

It appears he had been a fit, healthy two-year-old, full of beans. After that time on the Saturday it is fairly evident something happened to the child

Ch Insp William Semple
Tayside Police

Despite this, consultant paediatrician Dr John Orr told the court that the toddler could have been saved if he been brought to hospital in a reasonable amount of time.

However, Brandon suffered for hours as those around him failed to seek medical help.

During the trial, jurors were told that Ms Boyd had prostituted herself for heroin on the night before her son died.

He was left in the care of her boyfriend, Cunningham.

The pair, who both had drug habits, had moved in together just three weeks earlier.

Social workers

Cunningham, who was known to police, had convictions for housebreaking and domestic abuse.

Brandon had been in contact with social workers who had spoken to his mother at a local health centre just two days before his death.

During the visit to the city's Lochee Health Centre, where Brandon was given an immunisation jab, staff had described the boy as "well".

Brandon Muir was 23 months old when he died at Cunningham's hands

The day before he died, Ms Boyd had gone to her local Spar store and left Brandon with Cunningham at the flat.

Police investigating Brandon's death concentrated on what happened during this two-hour period.

The man heading the investigation, Ch Insp William Semple, said: "It appears he [Brandon] had been a fit, healthy two-year-old, full of beans.

"After that time on the Saturday it is fairly evident something happened to the child."

Mr Semple said officers had kept an open mind as they looked around the untidy flat to see if Brandon's injuries could have been caused by something he fell on.

However, he added: "From a thorough forensic examination of the property, we were happy that there could have been no accidental cause."

Pale and crying

Heather Boyd later told police that her son had been unwell when she returned to the flat.

Despite this the couple continued to socialise and took the child to Cunningham's sister's flat in the hours before he died.

Ms Boyd also told investigating officers that she put Brandon's illness down to the recurrence of a 24-hour bug.

The numerous people who were in the flat that night told the trial that Brandon was pale and crying.

Brandon lived at the flat at Balunie Crescent in Dundee

Witness Lesley Ann Ross said she saw Brandon vomit and that his eyes appeared to roll in his head.

She said she did not call for help because she did not want to "interfere".

Her sentiments were echoed by other witnesses present in the flat, who all gave testimony that Brandon had been ill.

Some, including Cunningham himself, acknowledged Brandon was vomiting "brown liquid" in the hours before he died.

When Ms Boyd and Cunningham finally sought help for Brandon in the early hours of the following morning, the toddler had already suffered hours of pain.

Paramedics were unable to revive him and he was declared dead at Ninewells Hospital in Dundee.

Ms Boyd was cleared of the charges against her, which included killing Brandon by failing to seek medical help for her son.

Cunningham was convicted by a majority verdict of the boy's culpable homicide.