CONCERNS over the care of a 17-month-old boy were raised eight months before he died, a court heard.
The baby, from Haringey, north London, died in August 2007 after suffering multiple injuries.
Jason Owen, aged 36, from Wittersham Road, Bromley, is on trial for murder alongisde the baby's 27-year-old mother and her 32-year-old boyfriend, both from Haringey.
A jury at the Old Bailey heard yesterday (September 16) that the baby was first admitted to hospital in December 2006.
Senior paediatric consultant at the Whittington Hospital in Holloway Dr Heather Mackinnon assessed the baby for unexplained bruises to his head, chest and bottom.
She advised staff to call the police if his mother tried to take him home.
Commenting on his injuries, she said: "My view was that it was the collection of bruises taken together which made this suggestive of non-accidental injury - the collection plus the lack of explanation."
But despite writing on her notes 'not to be allowed home, Police Protection Order if necessary', the youngster was released into his mother's care on January 26.
Dr Mackinnon said: "I was very surprised. I think there were a lot of people who felt perhaps sorry for the mother.
"There was a collective thinking that this was more likely to be neglect than serious injury but this was not my view."
Dr Mackinnon blamed a "system failure" for not receiving notes from the meetings which decided to send the boy home.
Defending, Paul Mendelle QC suggested the baby would often injure himself by headbutting objects and falling off the low sofa on to toys.
He said: "Would you not accept that the more young children there are in the household the more difficult it is to account for every bruise?"
He added: "Every child is unique. Some bruise more easily than others."
In a taped interview with the mother after her arrest in December, which was read out in court yesterday, she said: "I've never slapped him in his life and I never intend to.
"At the end of the day I'm a very good mother. I'm not the best mother but I'm a good mother."
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