A FORMER Marine fighting to overturn his conviction for shaking a baby to death will have served his sentence before his appeal reaches court.
Colin Scholey, 29, of Blounts Court Road, Sonning Common, was jailed in July 2011 after being found guilty of causing fatal injuries to four-month-old Thomas Preece.
Thomas died after sustaining head injuries while being looked after by Scholey at a house in Sedgewell Road, Sonning Common, in June 2009.
Scholey is appealing against his conviction but will be freed on licence before the appeal is heard following a legal delay, the Court of Appeal heard.
Master Egan, registrar of the Criminal Appeal Court, said the case could not be heard before August, by which time Scholey will have served his time.
The court heard his appeal revolves around medical evidence which was not available at the time of his trial.
It follows new research which it is said could seriously impact on the way “shaken baby” cases are analysed.
Three experts, including two doctors, have been enlisted to provide reports and could also give live evidence at the appeal.
Scholey has always denied the offence but was convicted by a jury of manslaughter at Reading Crown Court.
He was jailed for six years but will serve only half of that before automatic release on licence.