Vic: Father avoids jail after causing baby's brain damage

AAP General News (Australia)
04-02-2007
Vic: Father avoids jail after causing baby's brain damage

MELBOURNE, April 2 AAP - A Melbourne father who shook his six-week-old daughter so
severely that she suffered brain damage has avoided jail, because he's now the best person
to care for her.

Peter Rallis, 40, of Carnegie, today received a three-year suspended jail sentence
after he pleaded guilty to negligently causing serious injury to Alexia Elizabeth Rallis,
now two.

The Victorian County Court heard Rallis admitted shaking Alexia, then six weeks old,
twice while he was looking after her in February, 2005.

On the first occasion, Alexia was crying so he picked her up and shook her to calm
her, Rallis told police.

He then returned about 20 minutes later, picked her up again. She was "like jelly"

and he shook her again to get a response, but she did not react.

She was admitted to the Royal Children's Hospital with swelling to the brain, bleeding
eyes and seizures, the court heard.

Alexia, now suffers cerebral palsy, spasticity, a post-natal diffuse cerebral injury
and seizures.

Judge Frances Hogan said Rallis' actions had destroyed the potential of a perfect newborn
baby to have a normal life.

She said Alexia's injuries were extensive, debilitating and permanent, and she would
have to depend on others for her basic needs.

However, Judge Hogan also recognised that since the offence Rallis had quit his job,
became Alexia's main carer and devoted himself to her needs.

She said if he was imprisoned this would disadvantage her and his family.

"I consider this to be one of those rare cases where mercy should be extended in the
interest of Alexia's welfare so that her routine of care, which has now been in place
for 15 months, is not being disturbed by requiring you to serve an immediate custodial
sentence".

"Ironically, although you are the person who caused her to be so needy, you are the
best person to continue to address her needs."

AAP mok/dk/cjh/cdh

KEYWORD: RALLIS

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