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Man faces jail as court hears Fife child’s devastating diagnosis after being shaken as 10-week-old

Declan Walton has been jailed for seven and a half years. Image: Facebook.
Declan Walton has been jailed for seven and a half years. Image: Facebook.

A man who inflicted devastating injuries on a 10-week-old baby after shaking the infant was warned he faced a jail sentence.

Declan Walton left the baby boy critically ill after his assault and the child remains in hospital more than two years after the attack in Fife.

Walton, 31, claimed to hospital staff he did not know what had caused the injuries to the little boy and said he appeared normal until he went “floppy”.

Advocate depute Leanne Cross told the court: “All the medical evidence points to the child having suffered a traumatic event, most likely from shaking.”

Walton, of Woodstock Court, Glenrothes, admitted assaulting the victim to his severe injury, permanent impairment and to the danger of his life by shaking him or otherwise inflicting trauma to his head by means to the prosecutor unknown on June 5 2020.

Declan Walton. Image: Facebook.

He had originally faced a charge of attempting to murder the child but the Crown accepted his guilty plea to the reduced charge.

The baby’s identity cannot be made public.

Thug’s panic

The High Court in Edinburgh heard unemployed Walton, who has previous convictions for cocaine possession, road traffic offences and breaching a community payback order, has never previously been jailed.

Miss Cross said the child was in good health and “a happy baby” for the first 10 weeks of his life and a health visitor who saw him weeks before the attack had no cause for concern.

Moments after the attack Walton began shouting: “He’s not responding. He’s not breathing.”

The child’s mother then found her son’s body was floppy and emergency services were alerted.

NHS Fife Victoria Hospital
The youngster was rushed to Victoria Hospital.

Paramedics who arrived at the scene were unable to locate a pulse on any part of the baby’s body.

The attack victim was taken to Victoria Hospital, in Kirkcaldy, where a medical team was awaiting his arrival.

The prosecutor said: “On arrival he was noted to be pale and floppy.

“He was not breathing on his own and required extensive resuscitation.”

‘Abusive head trauma’ likely

A CT scan showed haemorrhaging within the head and the child was transferred to an intensive care unit at the Royal Hospital for Sick Children in Edinburgh.

The baby was slowly weaned off ventilation and began to breathe on his own but required oxygen and regular suction.

He was later admitted to theatre to drain blood and relieve pressure on his brain.

The child received a devastating diagnosis at the Royal Hospital for Sick Children.

Experts who examined the child came to the conclusion his condition was “highly suggestive of abusive head trauma”.

A further expert opinion was sought from a consultant neuro-radiologist who concluded the findings could all be explained by an episode of non-accidental head trauma.

Walton denied ever shaking the child in a fit of anger when he spoke to police.

Child unlikely to live independently

The prosecutor said the child now has a diagnosis of cerebral palsy.

All areas of motor function are limited, he is fed through a tube and requires two-to-one care.

The consultant in charge of his care said although brain injuries are very unpredictable she considers it highly unlikely he will ever be able to live independently.

Defence counsel Gareth Jones KC said that Walton “well understands the gravity of the situation he is in”.

The senior counsel said he would reserve mitigation on behalf of Walton until the case calls again in the new year following the preparation of a background report.

He asked for bail to be continued and said Walton would welcome the opportunity “to get his affairs in order”.

The High Court in Edinburgh

The judge, Lord Weir, said he required a background report on Walton ahead of sentencing as he has never previously received a custodial sentence.

He said: “The offence to which you have plead guilty is clearly of the first order of seriousness.”

The case was continued to the High Court in Inverness on January 9.

The judge agreed to continue bail for Walton.