British nanny gets 25 years jail for killing baby

MANJIT BASUTA, the British nanny convicted of killed a 13-month- old baby in her care in the United States, was last night jailed for 25 years.

MANJIT BASUTA, the British nanny convicted of killed a 13-month- old baby in her care in the United States, was last night jailed for 25 years.

Basuta, dressed in black, sobbed as Judge William Kennedy handed down the sentence in a San Diego court after hearing final arguments from lawyers for the defence and prosecution.

The 44-year-old, formerly of Ascot, Berkshire, was convicted in June of shaking 13-month-old Oliver Smith to death in California. She was convicted under a new Californian law, the Tyler-Jaeger Act, which states that anyone who assaults a child under eight years old using force likely to produce "great bodily injury" must serve a mandatory term of at least 25 years. Yesterday was the first time the law had been tested.

The judge, who had adjourned sentencing to consider a lesser sentence of probation, revealed he considered Basuta to have "a dark side to her character" and referred to her attempts to blame "anybody other than herself" for the killing.

A San Diego newspaper report said that the local authorities already had seven complaints on file about Mrs Basuta's day-care centre. The file is available for consultation by anyone interested, but complaints are not published. Judge Kennedy said: "The defendant killed the 29-and-half-inch, less than 30lb human entrusted to her care... She is not like a young teenager who does not have a clear understanding of right and wrong."

Acknowledging publicity comparing the case to that of Louise Woodward, the judge said his Massachusetts counterpart had had wider discretion. "The Massachusetts judge's actions set no precedent for me."

Basuta will serve 25 years, less 160 days for time already served and good behaviour. Under Californian law she must also pay a "fine" or compensation of $10,000 (£6,000) to Oliver's parents.

Basuta moved with her husband to California in 1989. Using her experience as a nurse she opened a day nursery at their $750,000 home in Carmel Valley, San Diego.

On 17 March last year Oliver, one of six children there that day, suffered massive head injuries and died. The trial revolved around whether Basuta had deliberately shaken Oliver so hard that he died, whether someone else was responsible, or whether the injuries were accidental.

The verdict was monitored by the Manjit Basuta Campaign Group. Her family gathered yesterday at the Gurdwara Sri Guru Singh Sabaj Sikh temple in Slough, Berkshire. Her brother Sukdave Singh said: "There is not a shred of evidence against her."

Stephen Jakobi, of Fair Trials Abroad, called it " a deeply flawed trial". "It is quite obvious that this is eminently appealable," he said.