Open verdict returned in death of baby whose mother was charged with his murder

An inquest heard how uncertainty remains over how Joshua Smith Murray suffered a fatal skull fracture after suddenly becoming unwell at his home at Barley Hill, Bohola, Co Mayo on December 28, 2016

An open verdict has been returned into the death of a four-month-old baby boy from Mayo almost eight years ago, whose mother was charged with his murder but who died before the case could go to trial.

An inquest heard how uncertainty remains over how Joshua Smith Murray suffered a fatal skull fracture after suddenly becoming unwell at his home at Barley Hill, Bohola, Co Mayo on December 28, 2016.

The baby was brought by ambulance to Mayo University Hospital in Castlebar after he stopped breathing when alone in the house with his mother, Lilly Smith. He was subsequently transferred to Our Lady’s Hospital for Sick Children, Crumlin in Dublin, where he was pronounced dead on January 1, 2017 after a life support machine was switched off.

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A sitting of Dublin District Coroner’s Court on Friday heard Ms Smith was charged in March 2019 with her son’s murder following a Garda investigation into the boy’s death. The inquest heard she died tragically from cancer at Mayo Hospice in Castlebar on July 4, 2023 after her murder trial had been adjourned a number of times at the Central Criminal Court.

Ms Smith, 27, from Woodview Court, Killala, Co Mayo, had first been arrested on January 11, 2017. A jury of five women and three men were informed that she made no admissions to Gardaí and provided no explanation how her son had sustained his injuries. Ms Smith was originally charged with causing serious harm to her son contrary to Section 4 of the Non-Fatal Offences Against the Person Act 1997.

Former State pathologist, Marie Cassidy, who carried out a post-mortem on the baby, told the inquest that Joshua had died from brain damage from a lack of oxygen due to an acute apnoeic attack (stopping breathing) which had resulted from a head trauma.

Dr Cassidy identified the baby’s premature birth and a coronavirus infection as contributory factors. She outlined how Joshua had suffered a skull fracture extending up to six centimetres that was consistent with the timeframe of when he became unwell.

Dr Cassidy said the fracture would have been caused by “significant impact” to the head but could not say if it had been caused by a third party. She also found several areas of bleeding around the baby’s brain and face. Dr Cassidy said Joshua had otherwise appeared to be “thriving and well cared for”. The pathologist said the skull fracture and brain injury were sufficient to cause death.

During what was described as “complex and multi-factorial” evidence, Dr Cassidy explained the fracture was a type usually associated with impact on a surface but one that required “considerable force”. In reply to questions from the coroner, Myra Cullinane, she said such fractures were usually more likely to be accidental.

However, as the baby was not mobile, Dr Cassidy said she believed such an injury could not be sustained “without the knowledge of a carer”. She agreed with counsel for the family of the baby’s father, Brian Storan BL, that the skull fracture had directly triggered the baby’s death.

A neuropathologist, Michael Farrell, who examined the baby’s brain, said Joshua had suffered a “sudden catastrophic event” from either a cardiac or respiratory collapse. Dr Farrell said a coronavirus infection which the baby suffered, which was detected in a subsequent exam of a nasal swab in September 2019, could have triggered that collapse.

He agreed with the coroner that it was perfectly reasonable that doctors had raised concern about the baby’s condition. The inquest heard that Dr Cassidy had not been aware of the finding about a coronavirus infection before the hearing.

The boy’s father, Ciaran Murray, gave evidence of how it was a “shock” to him and Ms Smith when she became pregnant shortly after they met when they were both aged 19. The inquest heard that Joshua, who was born 13 weeks prematurely and weighed just 2lbs 8oz, spent a total of 15 weeks in hospital before he was allowed home.

Mr Murray said there was a lot of tension at the time as both he and his partner were tired but the final two weeks before Joshua became fatally ill were “very calm” and he had no concerns about the baby’s health. He gave evidence of getting a phone call and text from Ms Smith on December 28, 2016 that Joshua was not breathing.

The inquest heard how Ms Smith had explained how she had given the baby a bath and placed him in a Moses basket before going downstairs to get him a feed when she heard an unusual cough from Joshua. She started CPR on the baby after finding him unresponsive when she went to check on him.

The baby’s grandmother, Niamh Murray, described her son’s girlfriend as a “conscientious, expectant mother” who had asked her for advice about pregnancy. Ms Murray said her grandson seemed a “very healthy baby” after he had been discharged from hospital.

She gave evidence how the family were told that the baby had been deprived of oxygen for around 40 minutes and would probably not survive. Ms Murray recalled going into shock and did not ask Ms Smith at the time what had happened. “I was hysterical,” she added.

The inquest heard the baby’s parents arranged for him to be baptised in MUH before being transferred to hospital in Crumlin. Ms Murray told the hearing that because Joshua’s parents were so young that she and her husband Joe had regarded the baby “as our eighth child more than our grandson”.

A paramedic, William Fahy, said he had found Ms Smith “teary-eyed and distraught” when he arrived at the house in Bohola, while the baby was “cold to touch and had a very weak pulse”. The inquest heard that neither Mr Fahy nor doctors in Mayo University Hospital found any sign of injury on the baby.

However, concern was raised by doctors at Our Lady’s Hospital in Crumlin that Joshua might have suffered “non-accidental” injuries. In a written statement, a paediatrician, Colm Costigan, said he discovered evidence of bleeding in various areas of the baby’s brain for which Ms Smith was unable to offer any explanation.

The inquest heard that Ms Smith had asked if shaking the baby’s head could have caused the injuries but hospital staff had replied that they did not believe so. Another paediatrician at Our Lady’s, Cormac Breathnach, said Ms Smith had not given doctors any history of the baby having been shaken significantly.

In a written statement, Detective Garda Rosaleen Harrison confirmed that the DPP had directed that the murder charge against Ms Smith should be withdrawn following her death. Detective Inspector Denis Harrington told the inquest there had been sufficient evidence to support a charge of murder but agreed that Ms Smith had been entitled to the presumption of innocence until proven guilty.

Mr Storan signalled during the inquest that the Murray family would seek a verdict of unlawful killing but later accepted that it was not appropriate based on Dr Cassidy’s evidence. The jury returned an open verdict in a 5-3 majority decision.

Offering her condolences, the coroner said the loss of a child was always tragic. Dr Cassidy said the death of baby Joshua was particularly difficult as had been outlined in evidence including the subsequent death of his mother.

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