The Court of Gipuzkoa has acquitted the parents accused of attempting to kill the child

The First Section of the Gipuzkoa High Court considers that the evidence in the oral trial does not conclude that the injuries detected to the child when he was admitted to Donostia Hospital for two months were intentional.

The ruling states that the so-called triad of injuries, brain edema, hemorrhage in the retina and subdural hematoma cannot in itself be considered indisputable evidence, since, according to the current medical school literature, other elements are required to confirm that he was beaten. In this case, the Chamber adds, there is no recordof other traumatic injuries, a history of ill-treatment, or an unfavourable social, family or care context.

In addition, the judges point out that medical reports have been submitted during the proceedings indicating the existence of natural and non-traumatic pathologies in the minor, some detected before and after childbirth, as well as a possible genetic condition. They also recall that, months after hospital discharge, a new subdural hemorrhage was detected, but that there was no indication that it might be the result of another shock, which reinforces the hypothesis of a non-traumatic origin of injuries.

In its decision, the Court concludes that there are reasonable alternatives to the traumatic cause upheld by theprosecution, and that it has therefore not been proved that the beating of the child is the basis of the attempted murder, and therefore, in the absence of any evidence of criminal relevance, both parents have been acquitted.

The Court adds that even if a shock had been declared proven, there would not be sufficient evidence to incriminate any of the defendants, since the exact timing and perpetrator of the alleged assault could not be determined.

The judgement is not final and may be appealed to the Civil and Criminal Division of the High Court of the Basque Country.