Man found guilty of shaking child, resulting in brain damage, appeals

A man found guilty of shaking his partner’s infant child, causing permanent brain damage, has filed a request for appeal.

The appeal was filed by lawyers Franco Debono, Marion Camilleri and Amadeus Cachia on behalf of footballer Rotimi Williams Akande.

Akande was sentenced to 14 years imprisonment earlier this year, and his lawyers argue, among other things, that there were alternative medical explanations for the baby’s injuries.

Prior to being jailed, Akande was in a relationship with Abiola Olowoshile Abiola. Abiola had broken up with her prior boyfriend (the infant’s father) and moved into Akande’s apartment, together with her baby, back in February 2013.

On 15 April, the baby was left at home with Akande, who the police say shook the child to stop him crying. This, police argue, resulted in the baby bleeding internally due to being violently shaken. Akande had then placed the baby back in the bed, and later that afternoon called his girlfriend saying the baby wasn’t moving. The baby received neurosurgery in hospital, but suffered permanent brain damage. The court was also told that Akande had violently shaken the child before, and that he was treated in hospital two weeks earlier.

In the appeal application, Akande’s lawyers argue that there were instances when the baby had fallen off the bed and was taken to the doctor, bleeding from his mouth and nose. It also states that on 3 April, he heard the child coughing and vomiting from the mouth and nose, and the child was taken to hospital.

The application also read that the court found him guilty of attempted willful homicide and grievous bodily harm, which his lawyers argue are convictions which require different criminal intent.

His lawyers argue that the mother herself had forgotten to tell the medical expert that the baby fell of the bed in the days which led up to the incident.