Mum who stamped her 21-month-old daughter to death launches appeal against murder conviction because judge ‘interrupted’ her lawyer
Kathryn Smith, 23, was given a life sentence in April for stamping her daughter to death as she screamed, 'stop mummy'
A MUM who stamped her 21-month-old daughter to death has launched an appeal against her murder conviction.
Kathryn Smith's defence lawyer claims a judge's interruptions during his closing statement was "devastating to the credibility of his case".
Smith was put away for life in April this year with a minimum of 24 years before she can apply for parole.
Her ex, Matthew Rigby, 22, was also convicted of causing or allowing baby Ayeeshia’s death, though he was cleared of murder charges and jailed for three-and-a-half years.
23-year-old mum Smith challenged her conviction at the Court of Appeal in London on Wednesday, with her lawyers arguing it was “unsafe”.
John Butterfield QC is claiming the trial judge’s interruption of the defence’s closing speech caused “prejudice” in the minds of jurors.
He said: “The judge weighed in and weighed in in a way that was wrong, I say, on a number of different levels, in the middle of defence counsel's closing address.
“It is hard to understate just how devastating this was to the credibility of the defence case.
“To trespass on the closing remarks at all was a risk and was likely to have consequences.”
Christopher Hotten QC, who prosecuted the drug addict mum, insists the trial judge’s interruption did not influence the verdict.
The Lord Chief Justice, Lord Thomas, sitting with Mr Justice Wyn Williams and Mr Justice Goss, said the court would take time to consider all valid arguments before reaching a decision in the new year.
If Smith’s conviction appeal fails, the Court of Appeal will review the minimum jail term she was given, Lord Thomas said.
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According to the jury, Smith delivered the fatal blow to the tot, who was killed as she cried “stop mummy, stop daddy”.
The autopsy found the one-year-old suffered a fatal heart injury, as well as three broken ribs.
She had also bit through her own tongue.
According to experts speaking at court, her injuries were so grave she resembled a high-speed car crash victim when her body was recovered.
The autopsy found the one-year-old suffered a fatal heart injury, as well as three broken ribs.
Ayeeshia also bit through her own tongue .
Smith was assaulted by inmates at Foston Hall women’s prison in Derbyshire in May.
Her attackers justified the violence by claiming they were avenging Ayeeshia’s death.
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