An Inverness man attacked a toddler with a spanner, causing her “excruciating” pain as he broke the little girl’s thigh bone.
Liam Cummings, 29, was supposed to be looking after the vulnerable youngster when he carried out the assault in the autumn of 2017.
The plumbing and heating engineer was jailed at Inverness Sheriff Court today after a jury found him guilty of breaking the child’s femur.
Sheriff Ian Cruickshank told him: “You chose to inflict pain and suffering on a vulnerable child you were supposed to be looking after.
“The offence is one of high culpability as the pain caused was significant and must have been excruciating. No child should have been exposed to that.
“Anyone who does this should expect a custodial sentence.”
Cummings maintains he’s innocent
Defence counsel Bill Adam said the report’s author had “strongly recommended” Cummings, a first-time offender, be spared jail.
It instead recommended a non-custodial punishment for the man, who has continued to claim that he is innocent.
But the sheriff dismissed his lawyer’s request.
“Notwithstanding the assessment, the facts remain. I am not prepared to adopt that route,” he said.
Sheriff Cruickshank jailed Cummings for three-and-a-half years.
Toddler was hospitalised for 20 days
The court heard that the child, who cannot be named for legal reasons, has complex health issues and poor bone health, which experts said may have played a contributory role in the fracture.
Fiscal depute Robert Weir told the court: “She was detained in hospital on October 28 2017 and not discharged until November 17.
“Two types of traction had to be put on and she was prescribed morphine. She has had to learn to use her aids again.
“Her mother says that there has been an impact on her education, social life and family time because of the number of hospital visits.
“She is waiting for another operation to remove all the metal in her leg,” Mr Weir explained.
‘He has expressed regret’
Mr Adam told the court: “He has been the subject of a backlash in the community after his conviction and the family may have to relocate.
“Although he still maintains his innocence, he has also expressed regret about the pain and suffering caused.”
The mother of the child was in court to see Cummings receiving a prison sentence.
She burst into tears as he was jailed and was comforted by friends who had accompanied her.
‘It’s been a rollercoaster’
She told The Press and Journal she felt glad about the outcome after the long wait for justice.
“Me and my family finally have got closure,” she said.
“It’s finally over. I was relieved that he was jailed because that’s what he deserves after what he put my children through. I wanted a custodial sentence.
“I didn’t have a number of years in mind. I was just glad he was locked up.”
The mum said she and her family had also “suffered” since 2017, adding: “It’s been a rollercoaster for the last five and a half years.
“It’s given me and my oldest daughter, who witnessed the assault, mental health issues that we’re having to get help with.
“My daughter’s had to go through multiple operations for Cummings’ crime against her. I would love to know why he did it. Why my family, why my daughter?”
‘He knew he did it’
Cummings pled not guilty all the way through proceedings, putting his victim’s loved ones through a distressing trial.
“It was very upsetting that he was pleading not guilty when he knew he did it,” the mum said.
“It was a very long process. It’s been five and a half years. The case has been going ahead and then it’s been adjourned. Then it was going ahead again and then it was adjourned.
“It’s been a very frustrating time, especially for my older daughter, who witnessed the crime. It’s made her mentally ill.
Major operation and more to come
Speaking about the aftermath of Cummings’ assault, the mum said: “She had a major operation a year ago to realign her hip. It came out of its socket because of the force.
“They’ve had to reconstruct the hip and the femur which has left her with one leg shorter than the other.
“She’s got to go for another operation and there is a chance that she could need more operations to keep the hip in place.
“For her to use standing or walking aids, there needs to be special equipment for her to build up the other foot because if not, she’s going to be lopped-sided with one leg shorter than the other.
“This could complicate her ever being able to walk or stand.”
‘Still in some discomfort’
Cummings’ victim continues to live a disruptive life with medical appointments that get in the way of her schooling and time with friends and family.
Her mum said: “She’s had to go for multiple X-rays, doctors appointments, she’s got to get regular checks on her hips.
“We haven’t been able to go on family holidays because she’s either got hospital appointments, X-rays, or she’s had an operation and we can’t go anywhere.
“She does get quite upset about that because she’s still in some discomfort.”
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