A TORQUAY man whose then seven-week-old baby son had been 'shaken' and suffered injuries to his brain has walked free from court.

Kurt Sheppard (pictured), 23, pleaded guilty to a charge of child cruelty and was given a 12-month prison sentence suspended for two years coupled with two years' supervision.

The police officer in charge of the case said after the hearing the boy could have died from his injuries.

Exeter Crown Court heard another court had ruled the boy had been 'shaken' but it could not confirm who was responsible.

The court was also told the boy suffered three brain injuries, revealed in a CT scan at Torbay Hospital. There were also extensive bruises to his body.

The court was told the child was rushed to Frenchay specialist hospital in Bristol for MRI scans and treatment. Despite the lack of prompt treatment, those treating the victim were able to carry out procedures which meant there was no lasting damage from the bleeding in the brain.

Judge Jeremy Griggs told Sheppard: "A judge decided the seven-week-old baby had been shaken but could not decide who was responsible. I have to deal with you for an offence of child cruelty where the prosecution put the case on the basis that you failed to care for the child properly, failed to get prompt medical attention and gave inconsistent accounts of how the injuries occurred.

"The courts have a duty to protect the young and vulnerable who cannot look after themselves and in all but exceptional cases this means immediate custody.

"But I am satisfied that, given your low IQ and other problems, coupled with the fact you are doing well on the programme, protection can be given in the community."

Prosecutor Andrew Oldland said suspicions of social services led to the boy being taken to hospital for checks to be carried out. These revealed not only the brain damage but bodily bruising.

He said Sheppard, of Stone Court, Newton Road, Torquay, had originally been charged with wounding with intent and a plea to unlawful wounding was not accepted. However, once proceedings in another court were revealed, a third charge of child cruelty was added to which Sheppard pleaded guilty.

Mitigating, David Evans said, given the problems suffered by the defendant and the fact that he was now on the domestic violence programme, an immediate short prison sentence would not help him or serve the public interest.

Speaking after the case Det Sgt Steve Blair, from Torquay Police's Child Protection Unit said: "A child of that age can't substantially injure itself. "There has to be an external force involved and, if the parents are the only two people in the building, one of them has to be connected with the external force."

DS Blair said the child had specialist x-rays which revealed he had suffered an 'acute subdural haemorrhage'.

"A considerable shearing force would be needed to cause the little veins which feed the dural membrane to tear and for blood to flow into the space.

"There was no evidence of a fall, therefore the people in that room either did it, or know when it happened.

"This was a significant event which is why the police originally charged the suspect with causing grievous bodily harm. However, the Crown was happy to accept a plea to child cruelty, which carries a maximum sentence of 10 years, as the child could have died."

The Herald Express successfully challenged a court order which would have made identifying Sheppard and the charges impossible.