A Bradford couple have been cleared of inflicting grievous bodily harm on their baby son.

But Quamran Younis, 21, and his wife Susan, 36, are still on trial on a child cruelty charge, which they have also denied.

The city's Crown Court was told how Thomas Younis was just two months old when hospital doctors found he had "extensive injuries'', including fractures to his skull, ribs and legs.

Judge John Cockroft told the jury that it would be unsafe to convict either parent on alternative charges of causing grievous bodily harm with intent or causing grievous bodily harm. It was possible, said the judge, that the baby's injuries had been caused by one or other of its parents, without the involvement and in the absence of the other.

"The possibility also exists that Thomas came by the injuries from another source,'' he added.

There was no evidence that Thomas was assaulted by either parent acting alone, and no evidence to prove that it was a joint enterprise.

Directing that the couple be acquitted of the more serious charges, Judge Cockroft said: "The risk that an innocent party might be wrongly convicted is one that we cannot afford to take.''

The court heard how baby Thomas was rushed to hospital by ambulance in September 1996 from his home in Thornton Old Road, Fairweather Green, Bradford, with breathing difficulties.

Various injuries, including fractures to both legs, were diagnosed at Leeds General Infirmary. Jonathan Gibson, prosecuting, said the child cruelty allegation was that neither parent had sought adequate medical assistance for the baby's fractured legs during a two-week period in August 1996.

"However the fractures were caused, these must have been extremely painful,'' he added.

Tim Stead, for Susan Younis, said medical evidence suggested the fractures occurred either before the baby was admitted to St Luke's Hospital with suspected gastro-enteritis on August 21, or after it was discharged a few days later. But not a single doctor or nurse had detected injuries while the baby was in hospital.

Mr Stead asked the jury how was the mother to distinguish between the powerful wailing of a baby with gastro-enteritis and colic and the sound of a baby who also had the pain of fractures to the legs.

The hearing continues

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