Kaleb Penn: Father convicted of killing seven-week-old son

A man has been convicted of killing his seven-week-old son in South Ayrshire.

Brian Penn, 30, carried out the fatal attack on baby Kaleb at his home in Ayr on 1 November, 2017.

The child suffered a skull fracture, a bleed to the brain, a serious brain injury and fractured ribs. He died in hospital two days later.

Penn was found guilty of culpable homicide and a separate serious assault charge at the High Court in Glasgow.

He violently shook Kaleb and inflicted an unknown blunt force trauma on him

Penn had originally been charged with murder and a further allegation of attempted murder.

He will be sentenced next month.

Penn had lodged an incrimination claiming Kaleb's mother Kelly-Ann was responsible for his death.

Ms Cope, 31, told jurors in evidence Penn woke her up on the morning of 1 November asking her to phone 999.

She said Kaleb was not breathing, but she could feel his heart beating, and his eyes were "rolling to the back of his head". Paramedics attended the scene and took Kaleb to hospital.

It was put to Ms Cope that she knew about Kaleb choking on prune juice as she said it during the 999 call.

She replied: "Brian came in and I asked what happened and he said Kaleb choked on prune juice but I didn't know more about it."

The court also heard Ms Cope say she was beside Penn when he told medical staff that he dropped Kaleb on a changing mat weeks before.

It was also put to the mum that she told police in a statement that Kaleb had a bump on the back of his head.

Ms Cope said she had not known him to hit his head and denied causing Kaleb's injuries.

Consultant neuropathologist Prof Colin Smith, 53, who examined Kaleb's brain after his death, told the trial Kaleb's injuries were "only seen in a setting of severe trauma".

He said: "This is either a fall from a height or road traffic incident."

Prof Smith also claimed there was evidence of previous bleeding to the brain dated seven to 10 days before Kaleb's death.

He said is was "possible" that the child's injuries may have been caused by being dropped from about 12in (30cm) to the ground three weeks before his death.

Prosecutor Erin Campbell asked: "Would it be clear the level of brain injury you identified in this case would have led Kaleb to be unresponsive?"

Prof Smith replied: "That's my opinion."

Penn - represented by QC Brian McConnachie - did not give evidence during the trial.

Sentence was deferred until next month for background reports by judge Lord Weir who remanded Penn in custody.