Order to acquit mother of murder

The jury in the trial of a 25-year-old mother accused of shaking to death her 13-week-old son has been directed by the judge to acquit her of murder.

Nosheen Arshad, of Beechwood Road, Luton, denies the murder and manslaughter of Mohamed Zaid.

Mr Justice Saunders said the jury will still have to decide whether Mrs Arshad is guilty of his manslaughter.

He said prosecution experts had been unable to agree on the degree of force needed to cause the death by shaking.

In order to convict the mother of murder, the jury would have had to have been satisfied that she intended to cause serious harm or death.

Why would I kill him? I was having a very happy life with my family Nosheen Arshad

Mrs Arshad went into the witness box and denied she had harmed her son in any way.

The baby died on 1 November 2007 having been admitted to hospital on 29 October 2007.

At first it was thought the cause of death was catastrophic heart failure, but during a routine post-mortem examination bleeding to his brain was discovered leading to suspicions about how he died.

Speaking with the assistance of a translator Mrs Arshad said she and her husband moved to a flat in Millfield Road, Luton, shortly after Zaid was born.

"He was a good baby, he was not difficult at all and his health was really good," she said.

She said nothing unusual happened on 29 October.

'Started crying'

Her husband came home in the evening from his shift for a meal break and Zaid was asleep in a baby bouncer.

"When he woke up he started crying. I changed his nappy and put him down on the sofa and he did quieten down a little bit," Mrs Arshad said.

She added that she was trying to console her son, but noticed his face turn pale.

"I got really worried and immediately rang my husband," she said, adding that she depended on her husband because her English was not very good.

He arranged for his brother to call an ambulance.

When the first paramedic arrived she said Zaid was in her lap and not breathing, and she was crying.

Her barrister, Peter Carter QC asked what she had to say about the prosecution suggestion that the baby was in that condition because she had shaken him.

She replied: "The first thing is he is my son, why would I kill him? I was having a very happy life with my family."

The case continues.