A FORMER Royal Marine who served a six-year jail term for shaking his baby nephew to death has failed in a bid to overturn his conviction
A FORMER Royal Marine who served a six-year jail term for shaking his baby nephew to death has failed in a bid to overturn his conviction.
Colin Scholey, 31, was jailed in July 2011 after he was found guilty of the manslaughter of four-month-old Thomas Preece at Reading Crown Court.
Thomas, the son of Scholey’s partner’s sister, died after suffering brain damage in the incident in June 2009.
Scholey had been looking after the baby at a property in Sedgewell Road, Sonning Common.
Medical evidence put forward at the trial suggested it was highly likely Thomas had been injured when shaken by Scholey.
At the time, Scholey put forward no concrete explanation for the injuries but at the Court of Appeal on Wednesday, his lawyers claimed that it might have been the boy’s parents who accidentally caused his death.
Fresh evidence from a neuropathologist suggested that Thomas may have been hurt the night before Scholey looked after him and yet appeared well for hours.
However, rejecting the appeal bid, Lord Justice Jackson said that claim flew in the face of the evidence of every other expert in the case.
All said the injuries from which Thomas died were so severe that he would not have behaved normally in the time before he died.
Only Scholey had been with Thomas in the hour or so before he collapsed and was rushed to hospital.
The judge said the expert whose evidence Scholey wanted to now put forward had been criticised in a series of other cases and this meant her evidence would be “treated with considerable caution”.
Rejecting the appeal, the judge said: “We conclude, having considered this matter, that it is not appropriate to admit the expert report by way of fresh evidence in this appeal.”