Tears as three-year battle to prove innocence ends when
judge rules out retrial over Dylan's death
02 February 2007
A WOMAN accused of shaking her baby son to death
walked free from court yesterday after a three-year
ordeal to prove her innocence.
Victoria Scott's legal battled ended when a judge
ruled she would not have to face a retrial for the
manslaughter of 10-week-old baby Dylan, who died on May
The 21-year-old now hopes to rebuild her shattered
life after the judge said it was not in the public
interest for her to face another trial. An earlier jury
failed to reach a verdict last May at Sheffield Crown
"It would have been Dylan's fourth birthday on
February 23. I have not been able to grieve for him
properly with all this hanging over me. I haven't even
buried him yet. It is only now that I can start planning
his funeral," said Miss Scott.
She sobbed in court as Mr Justice Holland ordered the
indictment stayed, halting proceedings, following
submissions by her defence lawyers that a retrial would
be an abuse of process.
The judge concluded: "The public interest was wholly
satisfied, some might say more than satisfied, by the
Speaking of her relief after the hearing, Miss Scott,
known as Viki, said she could not wait to be reunited
with her boyfriend, Darren Wareing, and his daughter and
spend a night at home in her own bed.
That will not happen immediately as she has to ensure
social services will allow her to live back at their
home in Goole full time.
There have been restrictions on access to her
partner's daughter which meant she had to live with her
grandparents near Ilkley while on bail.
Her boyfriend stood by her throughout her ordeal. "I
have had wonderful support from him, family and friends
but this destroyed everything else.
"I've not had a life. I've gone from 17 to 21 without
having anything at all," she said.
"I used to be so funny, I always had so much energy
but I'm so tired now and feel so poorly."
The judge heard there had been serious effects on
Miss Scott's health from the stress of the case,
including the acceleration of a gynaecological condition
which will leave her unable to have more children.
"I have been told for medical reasons I can't have
kids any more. We wanted children and I am devastated
that even that has been taken from me."
Miss Scott's ordeal began when she found Dylan was
not breathing on May 6, 2003 and she rushed into the
street screaming for help.
She says he had not been well for a couple of days
after receiving his MMR immunisation.
He was taken to Goole District Hospital where doctors
managed to restart his heart but after he was
transferred to Leeds General Infirmary doctors concluded
he had suffered irreversible brain damage and his life
support system was switched off the next day.
The police were involved after allegations that Dylan
had been shaken and, after extensive medical inquiries,
Miss Scott was initially charged with murder and spent a
month in custody.
But she always protested her innocence and a medical
expert consulted by her defence maintained the baby
could have died from an infection or sudden infant death
Miss Scott, who works as a telephone customer adviser
for a bank, said she believed police were right to
investigate such allegations but questioned the way it
"It needs to be investigated. There are kids out
there who have been hurt. It is not right and I
understand they have to do that.
"They have got to do their job. I would be devastated
if somebody hurt my kids.
"But it is the way it is handled. It just feels as
though they are against you and that nobody is listening
when you say you are innocent."
She said she felt overwhelmed when the judge ruled in
her favour. "After being treated that way for so long
for someone to actually acknowledge the situation and
look at it sensibly is incredible."
She thanked her solicitor, Colin Byrne, for his
constant support and hard work on her behalf.
She said: "He has been wonderful and went way beyond
what you would expect."
Last night after the judge ruled the solicitor's
costs should be repaid, Mr Byrne said he was delighted
for Miss Scott and her family.
He said the judge had acknowledged there was no
evidence of assault and that the defence case that the
baby may have died from infection or sudden infant death
syndrome could not be ruled out.
After the decision Detective Chief Inspector Sharon
Fielding, of Humberside Police, said it had been a
complicated case to investigate and there were no
"We must not forget that a baby has lost his life and
it was absolutely right it was thoroughly investigated."