A heartbroken dad has launched a fundraising campaign to take the Crown Prosecution Service to the High Court.
Nicholas Harry lost his 19-month-old son Samuel in April 2013, after the toddler sustained a substantial head trauma which caused a bleed to the brain.
At the time of the incident the toddler was in the care of his mother Deanna Buffham and her former partner Ryan Bate, who blame each other for the child’s death.
Although an inquest heard that it is ‘highly likely’ the injuries were inflicted on Samuel, the CPS has never pressed charges against his mother or Ryan Bate.
Writing to Mr Harry in January 2015, CPS specialist prosecutor David Hurlstone concluded: “It would not be possible to prosecute the suspects on a joint enterprise basis simply because we know that one of them must be guilty of the offence.”
Mr Harry, from Houghton Regis, now plans to have the CPS’ decision not to prosecute overturned by a High Court judge via a judicial review.
To fund the enormous legal costs of the bid he has launched a campaign to ask for donations.
Mr Harry said: “If I can have the CPS decision overturned by a high court judge they would be forced into prosecuting Deanna Buffham and Ryan Bate for whatever part they may have played in Sam’s death.
“It would set a precedent for the CPS and courts around the country to abide by.
“It would not only mean justice for Sam but justice for so many other innocent children whom continue to die in similar circumstances.”
As the Gazette revealed last month, Mr Harry has considered launching a private prosecution against Deanna Buffham and Ryan Bate.
This may still be an option should the judicial review fail, Mr Harry has said.
> To donate to the campaign fund log on to www.gofundme.com/samharry