A mother broke down in tears in court as she recounted finding her four-week-old baby limp and grey. Atticus Bartlett tragically passed away in hospital after collapsing at the family home in Chard, Somerset, on 16 July 2022.
Mother's Testimony
His mother, Evelyn Ballentyne, testified in the trial of Atticus's father Tony Bartlett at Bristol Crown Court. Bartlett, aged 39, denies charges of murder and manslaughter relating to the death of Atticus, who succumbed to brain injuries.
It is claimed that Bartlett, employed as a postman, violently shook Atticus while they were alone together. Ms Ballentyne described to the jury how she descended the stairs and heard Atticus emit two gasping noises.
"If you have ever watched someone pass away, towards the end of their life, they make funny noises and that's what he did," she said. "I then stared at Atticus for a couple of seconds and you could just tell that he had gone grey. He was dead. I don't know if I said 'he's dead' or 'he's not breathing'. I screamed."
Details of the Incident
Ms Ballentyne stated that Atticus had been lying face down on his father's knees and Bartlett flipped him over. "Atticus's head just flopped back, he wasn't alive," she told the court. She sobbed as she remembered how Atticus's body was limp as he was turned onto his back. "I just screamed and ran out of the house," Ms Ballentyne said. "I thought I rang 999 but I didn't."
Prosecutor Charles Row KC asked Ms Ballentyne how often she had reflected on the events of that night. She broke down and responded: "All the time." The court was told Ms Ballentyne had previously stated she had lifted Atticus up and gently shaken him to try to wake him. Nevertheless, Ms Ballentyne informed the jury this wasn't accurate. "My memory is very clear now of that night," she added.
Defense Cross-Examination
Acting for Bartlett, Nigel Power KC suggested Ms Ballentyne had attempted to minimise her actions – which she rejected. He questioned her: "Tony didn't do anything to harm Atticus, did he?" Ms Ballentyne responded: "Yes he did."
Atticus had been looked after by his grandmother, Rachel Donovan and her husband Andrew, earlier that evening, while Bartlett and Ms Ballentyne visited a pub and comedy club. Mr Row had previously informed the jury that Bartlett had drunk up to nine pints of beer and was left to feed Atticus while his partner went upstairs to get changed at around 11pm.
Prosecution's Claims
He claimed that while Ms Ballentyne was upstairs, Bartlett violently shook Atticus so forcefully he inflicted serious internal injuries to his brain and spinal cord. Multiple ribs belonging to Atticus were also fractured, Mr Row informed the jury. Following Ms Ballentyne raising the alarm, neighbours and paramedics arrived at the property.
Atticus was transported to Musgrove Park Hospital by ambulance and subsequently moved to Bristol Royal Hospital for Children. Yet, his brain damage was so extensive that Atticus never managed to breathe independently again and failed to regain consciousness. He passed away shortly before midnight on July 23 2022. Bartlett, from Axminster, Devon, refutes both allegations. The trial continues.
