Ten years not enough for Brandon killer, say family

The grandmother of Brandon Muir, the Dundee toddler battered to death by his mother’s heroin addict boyfriend, has bitterly attacked the ten-year jail term handed down yesterday to killer Robert Cunningham.

Veronica Boyd spoke of her “devastation” following the sentencing at the High Court in Glasgow of Cunningham, who was found guilty of the culpable homicide of her 23-month-old grandson.

“It’s not enough. He has stolen and taken our grandson from us. He has caused total devastation to both sides of Brandon Muir’s family,” said Mrs Boyd, whose daughter, Heather, was cleared of all charges relating to her son’s death during the trial last month.

Brandon died from peritonitis following the attack on March 15 last year at Heather Boyd’s flat at Balunie Crescent, in the city.

The court was told that after the fatal assault Cunningham, 23, and Ms Boyd had taken the sick child to a party. While the adults drank and smoked cannabis, the boy repeatedly vomited brown liquid. Ms Boyd, 23, refused to call the emergency services and later left to work as a prostitute and earn more money for heroin. Her son died in the early hours of the next morning.

A lengthy trial heard from more than 50 witnesses and was told that Cunningham had punished the youngster for climbing on to a window ledge by forcing him to stand at a wall.

The jury agreed with prosecutors that Cunningham had applied pressure to the child’s abdomen “by means unknown” which led to his organ damage and death. The jury, however, rejected a charge of murder.

Judge John Morris told him he must spend ten years in jail. “The jury by their verdict held that you did not murder Brandon Muir and I am obliged to bear that in mind in passing sentence upon you, but the jury did convict you of killing that unfortunate little boy,” he said.

“Such an act of wanton violence against an innocent child, aggravated as it was by your failure to obtain medical assistance for him, knowing what you had done, must be marked with a substantial prison term.”

The case has prompted a review of child protection services at Dundee City Council. It has emerged that Veronica Boyd contacted social services 19 days before Brandon’s death, urging social workers to remove him from her daughter’s flat and told them she and her husband were “not happy about the relationship Heather had got herself into”.

The flat was already being monitored by the council’s antisocial behaviour team after repeated complaints from neighbours. Ms Boyd had also failed to attend medical appointments with her son.

Cunningham’s lawyer, Ian Duguid, QC, told the court that he did not mean to harm Brandon. “Whatever the nature of the assault in this case, it wasn’t one inflicted with either wicked recklessness or the intention to kill. Mr Cunningham does have a large amount of regret and remorse about the death.”