Sutton dad cleared of injuring baby by Court of Appeal
A father wrongly jailed for attacking his seven-week-old daughter has had his conviction quashed by the Court of Appeal.
Ben Butler, 30, of Cleeve Way in Sutton, served three-and-a-half months in prison after it was alleged he shook his baby daughter Ellie so hard he caused her a serious head injury.
On Thursday after a legal battle lasting more than three years, Mr Butler finally had his conviction quashed by the Court of Appeal.
In an exclusive interview with the Sutton Guardian Mr Butler told of his miscarriage of justice and his hell inside prison.
He warned: “If it can happen to me, it can happen anyone.
“It ruined me. I still haven’t got over it.
“It was a bit surreal sitting in court the other day. I was only in there for a second when they said they accepted my case.”
Despite conflicting medical evidence being presented to the court Mr Butler was sentenced to 18 months in prison by Croydon Crown Court in March 2009. He was convicted of cruelty and causing grievous bodily harm.
Mr Butler was arrested in February 2007, when he rushed Ellie to St Helier hospital after she became limp and pale.
Although Ellie bore no outward mark of recent injury, doctors discovered she had suffered a serious head injury.
Ellie made a full recovery from her injuries, and since she had no visible injuries the case was tried almost entirely on the basis of medical evidence and opinion.
Mr Butler served three-and-a-half months of his prison sentence before he was released on bail to fight his appeal.
That appeal was finally heard in March this year, some three years after his nightmare began.
The Court of Appeal found there was no rational basis on which a jury, in light of some of the medical evidence given, could reject an unknown cause for the injuries, rather than shaking.
It also found the judge’s summing up of the case contained serious misdirections.
Mr Butler now intends to take action against the police for wrongful arrest.