The parents of a sick child who later died were cleared today of killing him.
Craig Herdman, 46, and Paula Freitas, 37, stood trial at the High Court in Glasgow accused of culpable homicide against their 15-month-old son Fraai Herdman. The child suffered from cystic fibrosis and developed an infection 10 to 14 days before his death on February 9 2021.
The pair were accused of failing to get “adequate, timely and appropriate” medical checks and treatment done on Fraai at their home in Girvan, Ayrshire. Herdman and Freitas were found not proven almost 24 hours after the jury were allowed to deliberate.
An alternative charge of neglect under the Children and Young Persons Act had also been available to the jury. The charge spanned between January 26 and February 2021.
The court heard Fraai had a cold a number of weeks before his death which was “clearing up”. This included him suffering from a cough. His mum reported how she thought the child would “just get over it” and that he seemed “happy enough”.
Fraai passed away in Crosshouse Hospital in Kilmarnock, Ayrshire from broncopneumonia. The alarm was raised that morning when Freitas went to breastfeed her son.
His breathing was said to be “erratic” before he just “flopped”. A 999 call was made as Herdman carried out CPR on the boy. Freitas described the traumatic scenes as “a complete blur”.
She told police: “I am just in shock. I cannot believe what has happened. I just thought that it was a cold.” The court heard further details of the parents being quizzed in the immediate aftermath of the death.
Jurors were told how the couple claimed they preferred a “holistic approach” to treating Fraai and another child they often looked after. Herdman stated they were “kind of opposed to healthcare”.
The pair – who met in London before moving to Girvan – were not in favour of so-called “western medicine”. They preferred treatments such as homeopathy and physiotherapy. There had also been concerns about going to a hospital due to the covid situation around that time.
They told how previously giving antibiotics to Fraai had “knocked him for six”. Herdman had not wanted a post-mortem carried out on his son due to “certain beliefs” that he had. Herdman further said Fraai’s birth had never been registered amid claims he could become “property of the State”.
The trial was told of a letter sent to the registration office at East Ayrshire Council. It was marked as a “declaration of denial of consent” to any information being held about Fraai and that if there was it would be a “breach of trust”.
Catherine Dunlop – who worked at the registration department – agreed with the suggestion by Herdman’s KC Mr McSporran that the request was “extremely unusual”, if not “unique”. Prosecutor Alan Cameron told jurors in his closing speech: “If appropriate medical attention was sought early or a little earlier, Fraai would have survived.
“It would have been avoided if timely medical treatment was sought by Herdman and Freitas. You should have little difficulty in finding that is how Fraai died – these facts are not in dispute.”
Mr McSporran told jurors in his closing speech that if the pair were found guilty because of their “beliefs” then it was “unacceptable.”
He stated: “If hindsight allowed them a choice on the situation presented, would they do the same? I very much doubt it.”
After the verdict was announced, Judge Lord Rennuci said to the pair: “You have been acquitted of the charge by the jury and are free to go.”
Freitas was noted in the dock to be holding back tears before she left the court room. The judge then stated to the jury: “This was a difficult case and the court understands and appreciates that. I am not saying that you enjoyed jury service due to the nature of this trial but I hope you found it an educational experience.”
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