Dad who shook his baby son to death duped friends by raising money for a cot death charity

A DAD today admitted killing his four-month-old baby son by shaking him in a fit of anger.

David Sinclair, 34, pleaded guilty to the culpable homicide of his son Joshua at their home in December 2012.

The supermarket worker was originally charged with murder, but admitted the reduced charge of killing his son, just days before he was due to go on trial.

He married his wife Kirsty on the anniversary of their son’s first birthday on July 9, 2013, and the court was told that she is standing by him.

Four days before the birth of his son Sinclair had visited his GP to say he depressed and angry and with an urge to lash out and was prescribed an anti-depressant.

Sinclair duped friends and neighbours into contributing to a charity fund in memory of his five-month-old son Joshua who he said had died after a breathing problem.

But in fact, warped Sinclair had shaken the child to death.

Shameless Sinclair organised a fundraiser in Joshua’s memory through the Scottish Cot Death Trust.

The charity were so taken in by his sob story that they congratulated him and the tot’s mum on their wedding day – which would have been Joshua’s first birthday.

Unsuspecting wedding guests who attended their “reception with a difference” were duped into giving £5,300 to the fund.

A fundraising sky dive and a can collection also featured in the unsuspecting trust’s newsletters – even though Sinclair knew he had killed his son all along.

Prosecutor Ashley Edwards said that on December 6, 2012, Sinclair and his now wife and their baby Joshua went swimming and then shopping in their hometown East Kilbride, Scotland.

At 5.30pm Kirsty Sinclair went out to meet her mother and sister.

Just 11 minutes later she received a phone call from Sinclair, who sounded shocked. He told her: ‘Joshua isn’t breathing properly, come home right away,’ then hung up and dialled 999.

Sinclair was given instructions about giving Joshua CPR, but when a paramedic arrived he noted that he was either sitting on a chair or standing.

Miss Edwards said: “The accused was distressed and said: ‘My son’s not breathing.’

“Joshua Sinclair was lying face up on the floor. He was pale and appeared not to be breathing.”

The court heard that Sinclair claimed that Joshua had made a strange or different noise that wasn’t normal and then stopped breathing.”

During the resuscitation efforts Dr Andrew Palombo asked what had happened. Sinclair stated that Joshua had been sitting next to him on the sofa. He said the child turned blue and stopped breathing and he dialled 999.

Initially the cause of Joshua’s death was not confirmed, but the case was reviewed by a team of medical experts and discovered evidence of trauma in the eyes and brain which could only have been caused non-accidentally close to the time of death.

One of the experts Dr Peter Richards, consultant paediatric neuro-surgeon at John Radcliffe Hospital, Oxford, said: “This would be compatible with him having suffered a shaking injury involving handling at greater force than encountered in everyday life. It would be compatible with a shaking event where a carer who has not planned to injure a child has momentary loss of control with tragic consequences.”

Defence QC Ian Duguid said: “With regard to him visiting this GP at the time he wasn’t working and was required to attend for job interviews. This was something of a tactic on his part and was to give him an opportunity to assist his wife after the birth without having to attend for job interviews.

“He wasn’t doing resuscitation because he had to go to the door to let the paramedics in.

“His position is he found it unimaginable his handling of his child would have resulted in such catastrophic injuries.

“He is extremely remorseful for the events which have ensued. Witnesses in double figures would have come forward to talk of his caring abilities as a parent.”

Judge Lord Bannatyne deferred sentence on Sinclair, who has previous convictions for assault, until next month for background reports.

Sinclair’s wife , who is pregnant, was not in court to hear the details of her son’s death.