Hampstead shaken baby trial: Father shook baby son with sufficient force to cause 'serious and fatal injuries', court told
PUBLISHED: 16:02 20 February 2018 | UPDATED: 18:53 20 February 2018
A father who allegedly shook his six-week-old son to death claimed the boy died after falling out of his baby bouncer, a court has heard.
Pedro Rubim, 43, is accused of causing fatal injuries to little Alejandro Rubim while the tot’s mother, nanny Maribel Rodriguez, 40, was at the dentist’s.
Paramedics were called to the family home in College House, Finchley Road, Hampstead, on the morning of February 20 last year, but the child died in hospital four days later.
Alejandro had suffered “serious head and eye injuries” consistent with what is often called “a shaken baby”, Blackfriars Crown Court heard today.
Portuguese Rubim, who worked as an administration assistant for financial firm Global Asset Management, denies manslaughter.
The court heard he told his partner of five years, Ms Rodriguez, the baby was in his bouncer on a sofa bed when he went to make his bottle.
In an account given to medics and police when he returned from the kitchen after between 30 and 45 seconds Alejandro was on the floor, Rubim claimed.
But prosecutor Sally O’Neill QC said: “It is the Crown’s case that for whatever reason, Pedro Rubim shook his baby son with sufficient force to cause those serious and fatal injuries to him and that he did so at the very least with the intention of causing some harm.
“This is not a case of a 45-day-old baby falling accidentally out of a baby bouncer, even if not restrained by the straps in the bouncer.
“It is the Crown’s case that that simply could not have happened, but even if in some way it had, that would still not account for the extent and severity of Alejandro’s injuries.”
The court heard Alejandro was a “perfectly fit and healthy baby” when his mother left to visit the dentist after 9am on the morning of the incident with Rubim sitting on the settee holding the boy in his arms as he gave him his bottle.
But paramedics were already in their one-bedroom flat when she next spoke to her partner at around 11.30am.
Outlining what Rubim said, Ms O’Neill told jurors: “The baby was in the bouncer on the sofa bed, he went to make his bottle, when he turned from the kitchen, he saw him on the floor, on his back.
“He picked him up and he was floppy so he went to the bedroom to put him on the bed.
“He started seeing blood out of his mouth and called for an ambulance.”
Alejandro was treated at the Royal Free Hospital and Great Ormond Street Hospital, but he was declared dead at 3pm on February 24 2016.
When he was arrested, Rubim told police he was “deeply upset and in shock about this terrible accident” as he loved Alejandro very much, the court heard.
Rubim, who is on bail and currently lives in Enfield, sat next to an interpreter in the dock wearing glasses and a blue zip-up jacket over a white shirt as the prosecutor outlined the case against him.
The judge, Mr Justice Kerr, told the jury of seven women and five men: “There is absolutely no question of murder in this case. Put that out of your minds.There is absolutely no suggestion whatsoever the defendant deliberately ended his son’s life.”
The trial continues.