A jury at Bristol Crown Court has been told there is a “real possibility” that Evelyn Ballentyne, the mother of four-week-old Atticus Bartlett, caused the fatal injuries to her infant son, rather than his father, Tony Bartlett.
Atticus tragically passed away after collapsing at the family home in Chard, Somerset, on July 16, 2022. Tony Bartlett, 39, faces charges of murder and manslaughter, which he denies, insisting that Evelyn was responsible.
Evelyn Ballentyne was initially arrested but later treated as a witness and has not been charged. She has given testimony for the prosecution, during which the defense highlighted that she admitted on four separate occasions to shaking Atticus, allegedly in an attempt to revive him after hearing him make gasping noises.
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Originally, Ms. Ballentyne recounted hearing distressing sounds from the baby and shaking him to help, but she now maintains she did not shake her son. The defense argues these noises could have been caused by the baby choking on milk, not by fatal injury.
Nigel Power KC, the defense barrister, emphasized to the jury that the prosecution has failed to present definitive evidence proving Tony Bartlett caused the injuries or intended serious harm. He suggested that the critical shaking incident might have occurred while the baby was in Evelyn’s care.
The night of the incident involved both parents attending a pub and comedy club for their first outing since Atticus’s birth. The baby was looked after at home by Evelyn’s parents. At around 11 pm, Tony was alone feeding Atticus while Evelyn went upstairs. It is alleged Tony violently shook the child at this time, causing severe brain and spinal injuries.
Ms. Ballentyne testified about coming downstairs to find the baby gasping on Tony’s legs, initially claiming she had shaken him to revive him, but now recants this. Emergency services were called, and Atticus was rushed to hospital, ultimately succumbing to his injuries a week later on July 23, 2022.
Tony Bartlett’s defense maintains his innocence as the trial proceeds.