A jury returned an open verdict at the inquest into the death of Joshua Smith Murray, a four-month-old baby boy whose mother was charged with his murder but died before the case went to trial.
Lilly Smith (27), from Woodview Court, Killala in Co Mayo, was charged with the murder of Joshua – who died at Children’s Health Ireland at Crumlin on January 1st, 2017 – by gardaí in March 2019, but the prosecution was withdrawn following her death from natural causes in July 2023.
At a sitting of Dublin District Coroner’s Court on Friday, former State pathologist Dr Marie Cassidy said that Joshua suffered a linear fracture to the skull “consistent with the time frame” that the infant collapsed and stopped breathing at his home in Bohola, Co Mayo, on December 28th, 2016.
She agreed with Brian Storan, representing Joshua’s father Ciaran Murray and his family, that the fracture triggered a chain of events that led directly to the child’s death. Dr Cassidy said that she could not rule in or rule out third-party involvement in his death.
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The court heard how Ms Smith told doctors that on December 28th, while at home alone with Joshua, she found the child upstairs not breathing, having momentarily gone downstairs to get him a bottle after placing him in a cot or Moses basket. Dr Cassidy agreed with Mr Storan that “the edges of a Moses basket would not be sufficient to fracture the skull of an infant”.
Mr Murray, who also lived at the address, told the court that he last saw his son on December 27th, before sleeping overnight at his then place of work, a hotel on Achill Sound.
Dr Cassidy said that a linear fracture was more likely to be caused accidentally rather than deliberately, and that it would require significant force to cause a fracture.
The baby had no underlying health conditions, the court heard, and was “healthy”, “thriving” and “gaining weight” before his death, Dr Cassidy said.
The infant’s cause of death was recorded as hypoxic ischemic encephalopathy due to an acute apneic episode, due to head trauma. The baby’s premature birth – he was born at 27 weeks gestation – and his infection with a coronavirus were listed as contributory factors by Dr Cassidy.
An ambulance crew brought Joshua to Mayo University Hospital before he was later transferred to hospital in Crumlin.
After detecting evidence of haemorrhaging on the infant’s brain and back of his eyes in an MRI scan, doctors in Crumlin raised concerns that Joshua had suffered “non-accidental” injuries, the court heard.
Offering condolences to the bereaved family, Dr Myra Cullinane said that the loss of a child is a tragic occurrence in any family, but that Joshua’s loss was “particularly difficult” given the circumstances of his death.
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