A DRUG user mum whose baby son died with cocaine in his system has walked free from court after admitting neglect.
Tragic Logan Sherwin was only three months old when he died at his home in Lhanbryde, Moray – and traces of the narcotic were later found in his urine.
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However, despite the baby’s exposure to cocaine, the cause of death – known as “sudden death in infancy” – could not be linked with the presence of the class A drug.
Logan’s 28-year-old mum Abigail Sherwin, of Lhanbryde, Moray, appeared in the dock at Inverness Sheriff Court on Wednesday with her partner at the time of the tragedy, Sam Scott, 32, of nearby, Lossiemouth.
They had earlier both pled guilty to wilfully neglecting Logan by recklessly consuming drugs in his presence before his death in February 2021.
The pair also admitted causing another child unnecessary suffering by regularly consuming drugs while it was in their care.
Sheriff Ian Cruickshank accepted that the remorse shown by the couple was genuine and that they had “turned their lives around.”
Sentencing each of them to 250 hours of unpaid work and two years social work supervision, the Sheriff told them: “Your individual involvement in the drug culture led to the death of a child but I accept there was no intention to harm.”
Addressing Sherwin, he added: “I also accept that you were devastated by what happened.”
He told Scott: “I accept that your remorse is genuine and you are assessed at minimum risk of reoffending.”
Scott was represented by Elgin solicitor Stephen Carty and Sherwin by Edward Targowski KC.
Mr Carty told the court: “These events are tragic and he has to live with this for the rest of his life. Since then he has turned his life around, is in a new relationship and there are no concerns from social work. He is in full time employment and no longer uses illicit substances.”
Mr Targowski said: “My client was the subject of a controlling and abusive relationship and she has now left that relationship. Intensive social work intervention has ensured she has turned her life around.”
Fiscal depute Robert Weir told the court earlier this year that Logan’s body was discovered on February 9 2021, when the mother called an ambulance.
He said: “They both admitted having consumed cocaine the night before and they provided urine samples to police.”
Mr Weir added that two baby bottles were also seized and both tested positive for cocaine.
Abigail’s urine sample tested positive for desmethyldiazepam, cocaine and cannabinoids.
Ibuprofen, levamisole (a common cocaine adulterant), cocaine and cannabinoids were detected in Scott’s urine.
Logan’s post-mortem examination revealed no injuries, however, a minimal amount of cocaine and its metabolites were found in his urine.
Mr Weir said: “The cause of death was certified as ‘sudden death in infancy with cocaine exposure’.
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“Subsequent expert opinion was that the cause of death could not be linked to the presence of cocaine.”
The fiscal depute said that the other child’s hair was examined but it was “not possible to conclude if this exposure is through ingestion of cocaine or if the positive results are due to one or more other exposures”.
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