Great Yarmouth man goes on trial accused of manslaughter of son

Kevin Toye at Norwich Crown Court who has been charged with the manslaughter of his six-year-old son

Kevin Toye at Norwich Crown Court who has been charged with the manslaughter of his six-year-old son Baylee Varley. Picture: DENISE BRADLEY - Credit: Copyright: Archant 2016

A boy died six years after suffering 'catastrophic' injuries when he was allegedly forcibly shaken by his father who was 'frustrated' and 'angry' at his crying, a court has heard.

Baylee Varley was less than a month old when he sustained 'dreadful' injuries, including irreparable brain damage, injuries to his retinas which effectively left him blind and rib fractures.

Following his admission to hospital on February 23 2008, he remained in a vegetative state until his death on March 18 2014.

A post mortem examination indicated the cause of death was long term complications with a head injury suffered by Baylee in February 2008.

Kevin Craig Toye, 28, of St Nicholas Road, Great Yarmouth, has gone on trial at Norwich Crown Court accused of the manslaughter of his son.

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Mark Milliken-Smith QC, opening the prosecution case yesterday, said the injuries inflicted six years before Baylee's death were, according to the clear view of medical experts, 'non-accidental' and consistent with being deliberately shaken.

He said it was the crown's case that they were inflicted deliberately by Toye, sometime between February 22 and 23 2008, while the defendant had sole responsibility for his son as his partner slept at their flat in Yarmouth.

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He said Toye, who was 'most probably frustrated and angry at Baylee's crying', 'shook him forcibly causing, in the short term, life changing injuries to his son and in the long term the death of Baylee.'

Baylee was taken to the out of hours surgery in Yarmouth on the morning of February 23 2008 but taken to the James Paget Hospital by ambulance because of the nature of his injuries.

Baylee, who was later transferred to Addenbrooke's Hospital in Cambridge, underwent various scans which revealed the true extent of his injuries, including swelling and bleeding to the brain and haemorrhaged retinas.

After being released from hospital Baylee was cared for by his grandparents in Ormesby, near Yarmouth, where he stayed until his death in 2014.

The jury of six men and six women were told Toye was arrested and interviewed by police following the incident in 2008 and again after Baylee's death but has always denied any wrongdoing.

He told police he was woken up by his son 'screaming' although it did not seem to be a 'hungry scream' and said he had problems with his breathing and was floppy.

Toye has claimed the injuries were the result of problems at birth involving a suction cup which was used to deliver Baylee but the prosecution say Toye has lied to conceal his responsibility.

Mr Milliken-Smith QC, who described Toye's conduct as both 'dangerous' and 'inappropriate', said the defendant had shaken Baylee in a temper and with such force that he either 'intended' the baby physical harm 'or at the very least was reckless as to whether such physical harm was inflicted'.

He said the medical evidence suggested the injuries were 'non-accidental' and 'puts a lie to his account'.

Toye denies manslaughter.

The trial continues.

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