The defendant, Andrew Fitton, was charged with aggravated assault and failing to provide necessaries of life for his infant daughter, Gabriella.
The Crown's case was entirely circumstantial, alleging Fitton intentionally inflicted severe brain injuries and then failed to seek immediate medical attention.
The defense argued that the Crown failed to prove Fitton caused the injuries and that it was reasonably possible the mother, Kendra Antonia, was responsible.
The court found that while symptoms were present when the child was with Fitton, they were non-specific and could be otherwise explained.
The court also found Kendra Antonia's credibility to be problematic, noting inconsistencies and a reluctance to seek medical attention.
Ultimately, the court could not exclude the possibility that Kendra inflicted the injuries later in the day.
As such, the Crown failed to prove beyond a reasonable doubt that Fitton caused the injuries or failed to provide necessaries of life.
Fitton was found not guilty on both counts.