Dead babies' mum walks free

A YOUNG woman who concealed the births and deaths of her two babies before hiding them in her father's home, wept as she heard she would not be jailed.

In sentencing Kerry Ardis, pictured right, of Poole Park Road, Barne Barton, Judge Francis Gilbert QC said she "deserved sympathy and understanding, rather than outright punishment".

Ardis pleaded guilty at Plymouth Crown Court last month to four charges – two counts of concealing the births of her babies in 2005 and 2008 and two counts of preventing their lawful and decent burials.

The court heard how Ardis, a 21-year-old beautician, had given birth to a stillborn girl – Mercedes – during the summer of 2005 at her then home in Ronald Terrace, Keyham.

Prosecutor Paul Frost explained that on August 11 the same year, her father, Alan Ardis, discovered a shoebox in her wardrobe.

Inside he found the decomposed remains of a baby boy, Louis. He called his daughter and police, and following a post-mortem examination, the cause of death was determined as unknown.

The then coroner recorded that the baby had been a full-term stillborn and Ardis was interviewed by officers from Plymouth police's child protection team.

Mr Frost told the court that Ardis had explained that she didn't know she was pregnant at the time.

On May 29 this year, Mr Ardis found another box wrapped in a black plastic bag and tape behind a garden shed. Inside was the body of a stillborn boy.

Again he called his daughter – who was by this time living with her mother in Barne Barton – and police.

A post -mortem examination, this time by a forensic paediatric pathologist at Great Ormond Street Hospital, again could not determine a cause of death, and the baby was again recorded as stillborn.

Further investigations by officers from Plymouth police's child abuse investigation team saw Ardis interviewed a number of times.

On one occasion she admitted she had felt "devastated" and "frightened" of the reaction to the incidents by friends and family, particularly her father.

She also told police she knew she was pregnant with the second baby, but believed she was not due for a few more months.

In mitigation, her advocate, Tracy Baker, said Ardis had been seen by a consultant psychiatrist, Dr Andrew Montgomery, for a report to be prepared for the court.

She said that Ardis, who spent much of the hearing with her head bowed, sighing and dabbing her eyes with a tissue, was found to have "no identifiable mental illness", but instead suffered a "combination" of depression and mixed anxiety.

Ms Baker said: "It was inevitable the concealment would come to light and both children have since had proper burials.

"The first child was buried in early 2006 and the second was buried two weeks ago with the full involvement of the father."

She urged the judge to deal with her client in a manner which would allow Ardis to keep her liberty, saying some kind of help may be necessary.

She said: "It may take a little bit of time to work out what's been going on in this young woman's mind for the past three years."

She also noted how Ardis, who was dressed in a black satin top with an open back, a black satin skirt and black high-heeled stiletto shoes, had "totally concealed" the birth, the concealment, and the police investigation of the first baby from her mother, with whom she now lives.

Judge Gilbert gave Ardis credit for her guilty plea and noted both the pre-sentence report by the probation service and the psychiatric report.

As he revealed he would not send her to "immediate custody" Ardis began to weep silently.

He agreed the public would consider the concealment of a birth and the prevention of a burial once to be "unfortunate" but that "twice is too many".

He added: "Many people will be surprised that you're not before the court for a more serious offence".

However, he was keen to stress "publicly" that the coroner "concluded that the first baby was stillborn" and the post-mortem on the second baby at Great Ormond Street was "also stillborn".

He said: "I make it clear I do not hold you responsible for the death of either baby, and I sentence you only for the offences with which you are charged, of concealing the births and preventing the burials. This case is a tragedy for you and your family for which you deserve sympathy and understanding rather than outright punishment."

He noted how "each time you had to go through it alone because you were frightened of telling your family".

He added: "You were not and are not suffering from a significant psychological disorder, but were severely distressed at the time. You are now anxious and distressed, partly because of the bereavements, partly because of this court case and partly from the public reaction and publicity you have received."

He cited two other cases of concealment, but in both instances, he said the sentences took into account that the mother had killed the babies. He said he would have passed a community order if the case had concerned only one baby, but as it was two he passed a custodial sentence.

He then sentenced her to nine months for each count, suspended for two years, with a two-year supervision order, adding "clearly you need help to overcome what happened".

Ardis later left the court with her mother and a family member, with a scarf wrapped around her head.

Det Sgt Barry Walter, of the child abuse investigation team, said: "The judge's summing up, noting both children were determined as stillborn by coroners, explains why she is not charged with any more serious offences. However, as I have always stated, when it comes to the examination of a decomposed baby's body, there will always be difficulties in ascertaining the true cause of death.

"Therefore Kerry has been charged with the appropriate offences and our sympathies are now – and always have been from the start of this investigation to the present – with the innocent members of her family, the fathers of both babies, and we hope now that today's sentencing will enable them to start rebuilding and move on with their lives."

The second baby's father, Michael Sage, attended the court to hear Ardis's fate, but left during part of the hearing, appearing greatly distressed. Following the sentencing he left the court accompanied by a number of friends, but made no comment.