Jan 3 2009 Paisley Daily Express
A COUPLE who looked after a baby and a toddler in a filthy, fly-infested home with drug paraphernalia lying around have escaped a jail sentence.
John Blakley, 31, and Charlene Hayes, 28, were both placed on probation for neglecting the boys.
The court heard that the house was so dirty that police officers called to the scene were almost sick.
Police became involved after the nine-month-old boy was taken to hospital seriously ill.
They suspected that Blakley had injured the baby, who is paralysed down one side and blind, by shaking him.
Blakley was charged with attempting to murder the nine-month-old by repeatedly shaking him to his severe injury and permanent impairment on August 18 and September 14, 2006.
He denied the murder bid charge and prosecutors had insufficient evidence to bring the case to trial. The time limit for prosecuting the attempted murder case ran out on Hogmanay.
Earlier this month Blakley and Hayes admitted neglecting the two boys aged 23 months and nine months by causing them unnecessary suffering and injury to health by allowing them to stay in a dangerous and unhygienic house, and taking drugs while looking after them.
The offence was committed on September 14, 2006, at a house in Ferguslie, Paisley.
Temporary judge John Morris QC placed a contempt of court order banning reporting of the case until January 1 when the murder bid proceedings against Blakley ended.
At the court hearing prosecutor Vinit Khurana said: “Both accused accepted they were responsible for the condition of the house.
“There was little or no food and what there was was mouldy. There was an unwashed stained nappy on the fridge and bed clothes on the floor.
“The house was used for drug taking and drug-taking paraphenalia was nearby. The flat was totally unfit for human habitation.”
The court was told that in the bedroom bedclothes were urine- stained and there were plates covered with mouldy food. The floor was piled high with unwashed clothes, including a stained babygro.
A mirror was in danger of falling.
The living room was filthy with children’s clothes piled up. A drawer on the TV unit with the door hanging off contained prescription drugs.
Mr Khurana added: “There was an uncovered heater which could easily be switched on by a child.
“The kitchen was absolutely filthy and infested with flies from unwashed dishes. Food was in different stages of decay.”
The court was told that in the entire house there was only one jar of baby food. The microwave was filthy, the fridge was covered in mould, and the food inside was unfit to eat.
Mr Khurana added: “The stench coming from the freezer was overpowering and almost caused the police officers present to vomit.
“The accused Blakley said he lived at the house. He said he was alone with the children and had taken heroin. He said the living conditions were not safe for a baby.”
The court heard that the older boy is showing signs of emotional difficulties.
The younger is paralysed down one side and blind.
Hayes’ counsel Laura Reilly said social workers had seen her on two occasions and that health visitors had also frequently attended.
Miss Reilly said that in visits up until late August 2006 there had been “no concerns”.
The advocate went on: “She was struggling to cope.
“ This is a young woman who seems genuinely disgusted at what happened to the children.”
The court heard Blakley is no longer on drugs and that being in the High Court had given him a “serious shake.”
Edward Targowski QC, defending, added: “There had been social work involvement before September 14.”
Judge Morris ordered Blakley to perform 100 hours community service and placed him on probation for 12 months. He placed Hayes on probation for two years.
The judge told him: “It is a very unpleasant offence and does not make happy reading. You put these children at considerable risk.”
He told Hayes: “You clearly need some assistance.”