Twenty-one babies died in unexplained circumstances in Sussex in the past 14 months.

Police believe some were suspicious and possibly murders. The development of a new multi-agency protocol has meant such deaths are being investigated more thoroughly.

But because the way the law stands at the moment, police are having difficulty securing the killers' convictions. Sussex Police disclosed the baby-death figures following the Brighton child cruelty scandal.

The parents in the case were accused of smothering three babies but the judge ruled they should be found not guilty. He said if the babies had been murdered there was no evidence to say which of the parents, if either, was responsible.

The legal stumbling block has led to calls by The Argus and Chief Constable Paul Whitehouse for a change in the law to make it more difficult for defendants to put the blame on another when jointly charged. Det Supt Ken Probert said thorough investigations showed some of the 21 baby deaths were genuine sudden infant death syndrome, most were natural causes, but some were murders.

Cases recently before Crown Court include a seven-week-old boy from Eastbourne whose father was cleared of murder after claiming he fell on his son after tripping over a dog.

A post mortem revealed a number of earlier fractures which the prosecution argued were evidence of mistreatment. But cruelty charges against the father and mother were dropped because it could not be determined who, if anyone, caused the injuries.

Another death happened in Hastings. Police refuse to close the file on a seven-month-old baby girl who suffered more than 20 bruises, cuts and needle puncture wounds. A police operation ended when there was insufficient evidence to prosecute. Coroner Dr Alan Craze said later: "Someone has literally got away with murder."

Police are also still investigating the circumstances surrounding the death of a four-year-old boy in Fishergate, Southwick, in December. He was in the care of a couple who were in the process of adopting him. He died from severe head injuries. A man and woman have been arrested and are on bail pending further inquiries.

Det Supt Probert said there was no suggestion unexplained baby deaths were increasing. Better practice introduced by police and all care agencies meant investigations were more thorough and could highlight cases.

Expert paediatric pathologists now work with Home Office pathologists when dead babies are examined. The new protocol was officially introduced last August but Sussex Police were using it months earlier.

But the problem still remains of how to successfully prosecute cases. The Chief Constable wants an alternative charge in cases where two people were charged with murder and there was evidence both were to blame.

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