Mother 'unable to help' battered child

Carla-Nicole was 13 months old when she died

A mother may not have been able to protect her toddler from beatings by her ex-partner because of her mental state, a court has heard.

Andrea Bone, 20, has denied murdering her daughter Carla-Nicole by failing to protect her at a remote cottage in Aberdeenshire in May.

Her co-accused and former partner Sandy McClure, 27, has also denied killing the 13-month-old child.

On the 11th day of the trial, the High Court in Stonehaven heard evidence from Professor David Cooke, a forensic and clinical psychologist who works with Greater Glasgow NHS Trust.

Andrea Bone has denied murdering her child

The professor said Ms Bone told him that she had taken an overdose two weeks prior to be interviewed.

Prof Cooke had previously given evidence that in his opinion Ms Bone suffered from three personality disorders and a low level of intellectual functioning.

He also said she was now suffering from post-traumatic stress disorder as a result of seeing her daughter Carla-Nicole killed.

Under cross-examination Prof Cooke was challenged by advocate depute Drew McKenzie about why Ms Bone did not intervene when she allegedly saw McClure battering her daughter at a remote cottage in Aberdeenshire.

'Conscious decision'

Mr McKenzie said: "Is it not the most basest of instincts for a mother to intervene and look after her child, it's primitive isn't it?"

Prof Cooke said: "All things being equal, yes."

Mr McKenzie asked: "If that's right, is the decision not to intervene a conscious decision?"

Prof Cooke said: "We're dealing with a lady in an emotional state ... we are dealing here with a lady whose low level of intellectual functions is such that it will lead to her inability to make decisions in the heat of the moment."

Later, in summing up for the prosecution, Mr McKenzie dismissed the opinion of Prof Cooke that Bone suffered from various personality disorders and post traumatic stress disorder.

I suggest to you that you should not be satisfied about any personality disorder

Drew McKenzie

He said: "There's been no evidence of distress, none at all, in the period leading up to May the 13th.

"I suggest to you that you should not be satisfied about any personality disorder."

Mr McKensie instructed the jury to return a verdict of guilty against Bone.

He said her failure to protect her daughter resulted in the "brutal assault" allegedly inflicted on the child.

Mr McKenzie said Bone was guilty of ignoring her daughter's plight and had put her relationship with McClure above her daughter's safety.

The defence's summing up for Bone and McClure is expected to be heard on Wednesday.

The trial continues.