CANADA • Aurora BREAKTHROUGH, 7 weeks old (2009) Accused: Ashiqur Rahman (father), Jane Gomes (mother)

Man's trial delayed until November in 2009 death of infant daughter
February 14, 2011

The Crown and defence have agreed to reschedule the manslaughter trial of a 25-year-old man charged in the death of his baby daughter.

The trial of Ashiqur Rahman was scheduled to begin Monday, but it was adjourned to Nov. 14. following a brief hearing in Nova Scotia Supreme Court in Halifax.

Crown prosecutor Mark Heerema said both sides have decided more time is needed before the trial can begin.

``Just to ensure that the court and all parties has all relevant information and evidence,'' Heerema said outside court.

``Given the type of evidence in this case it is not unexpected, from our point of view, that it's taken this long.''

Rahman appeared in court with his lawyer, Doug Murray.

Jane Elizabeth Gomes — the baby's mother and his former partner — pleaded guilty in April to failing to provide the necessities of life to her daughter and received a conditional discharge with six months of probation.

They were arrested July 24, 2009, after staff at the IWK Health Centre reported a case of child abuse.

The couple's seven-week-old daughter, Aurora Breakthrough, died three days later.

The baby's parents were originally charged with aggravated assault, but the charges were upgraded to manslaughter eight months later after police received the final autopsy report.

Rahman was released on $20,000 bail with conditions last September.

He has to live with the person who posted the bail and is under a nightly curfew.

Rahman is also not permitted to be around children under the age of five unless supervised by another adult and is forbidden to have contact with Gomes.

http://thechronicleherald.ca/Metro/9019849.html

Related: Mother of dead baby pleads guilty - Crown expects her to testify against baby's father

Gomes fears deportation to Bangladesh
January 24, 2011


Jane Gomes says she's happy for the support she's received in Nova Scotia,
and says she is afraid to return to her native Bangladesh for fear of retribution for
the death of her child. (CBC)

A woman who faced serious charges in the death of her baby, now faces an order from the Canadian government to leave the country.

Jane Gomes, 24, was charged with manslaughter, but pleaded guilty last year to a lesser charge of failing to provide the necessities of life to her infant daughter, Aurora Breakthrough.

In return for the plea deal, Gomes has agreed to testify at the trial of the baby's father, Ashiqur Rahman, who remains in custody accused of manslaughter.

Gomes and her lawyer Lee Cohen learned Monday that the Canada Border Services Agency wants to send her home to Bangladesh immediately after she testifies.

Cohen said Gomes is afraid to return to Bangladesh.

"Going home to her home country was worrisome to her because of what is going on here. It's culturally and socially unacceptable what she has been through," explained Cohen

Cohen said Gomes is worried that if she returns to Bangladesh she could be stoned for what happened in Canada.

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Trial in 2009 baby death begins
November 14, 2011


Ashiqur Rahman's trial is expected to last several days. (CBC)

The trial of a Halifax man charged in the death of his baby started Monday with a nurse explaining why she called child protection services.

Ashiqur Rahman, 25, has pleaded not guilty to manslaughter and aggravated assault in connection with his daughter's death in 2009.

Aurora Breakthrough was seven weeks old when she died at the IWK Health Centre.

Carmel McGinnis, a public health nurse with Capital Health, was the Crown's first witness Monday.

McGinnis said the baby was born June 6, 2009, and was small for her size. She said the baby's mother, Jane Gomes, had no prenatal care, unlike most mothers.

She told the court that the hospital discharged the baby on June 8 because the couple didn't have medical care coverage.

No baby supplies

McGinnis visited the couple's rooming house on Gottingen Street on June 9. She said the stairs leading to their room in the attic were treacherous and no one in the building seemed to know they were living there.

McGinnis said the room looked like a storage room, with computer parts piled in the middle. There were no baby supplies, and no crib — only a mattress on the floor.

McGinnis told the court she understood the family had just moved in. At this point, she said, the baby still had no name.

McGinnis said Gomes was breast-feeding the baby and that was going well, but Rahman seemed concerned that it was taking a long time and the baby was crying a lot.

McGinnis said Rahman told her he wanted to get back to his business analyzing blood to "prolong life and end all death." Under cross-examination, she described the business as a joint enterprise.

She testified that Gomes giggled and seemed immature, but said both Gomes and Rahman were receptive to receiving more information about postnatal care.

Concerns for baby

McGinnis said she called child protection services because she was concerned about the living conditions and the couple's ability to care for the baby.

Donna Best, a social worker with the Department of Community Services, testified that she investigated the complaint. She said she consulted with the young couple who seemed open to advice. She then closed the file.

The court heard that two days later another nurse complained about the couple's care of their infant daughter. The file was not reopened.

Gomes was charged with manslaughter, but she pleaded guilty last year to a lesser charge of failing to provide the necessities of life.

Gomes is expected to testify at Rahman's trial as a condition of her plea deal.

Rahman's lawyer, Don Murray, said that manslaughter can be committed in two different ways — by an unlawful act or by criminal negligence.

"Criminal negligence can get complicated because sometimes it's something you do when it's inappropriate and it causes harm, or something that you fail to do and that caused harm," he said.

Murray said that the Crown's theory is that Rahman either assaulted the baby, or "in handling his daughter, he did it in a careless way that caused her harm. They are not suggesting that anyone else caused the child harm and that he knew about it and failed to take steps to protect [her]."

http://www.cbc.ca/news/canada/nova-scotia/story/2011/11/14/ns-rahman-trial.html

Baby not breathing when paramedic arrived, court hears
November 15, 2011


Ashiqur Rahman is charged in the death of his seven-week-old daughter in 2009. (CBC)

A paramedic who tried to save the life of Ashiqur Rahman's seven-week-old daughter testified Tuesday in Nova Scotia Supreme Court that the infant was not breathing when she arrived on the scene in July 2009.

Rahman, 25, is charged with manslaughter and aggravated assault in the death of his baby, Aurora Breakthrough.

Jennifer Tummonds was called to the Gottingen Street rooming house where Rahman lived with the baby's mother, Jane Gomes.

She testified that she found Rahman, a Bangladeshi man on a student visa, holding his daughter.

Tummonds testified that she asked him a few times what happened. She said Rahman told her they had had a hard time feeding the baby, and the next thing they knew the baby wasn't breathing.

Tummonds testified that she knew right away that the baby was a "very sick little one, a really sick kid."

She started CPR in the ambulance, placing two or three fingers on Aurora's tiny chest while a firefighter squeezed air into a mask covering her mouth.

She told the court that the CPR might have broken the baby's ribs.

At the hospital, Tummonds testified, she noticed Gomes who appeared unconcerned.

"[She] just appeared to be standing there, chatting with hospital staff, outwardly not upset to me," Tummonds said.

She described Rahman as "not outwardly appearing upset, not anxious."

That night, Aurora was declared brain dead and placed on life support.

Halifax police Const. Alex MacAdam testified that he saw blood in the infant's eyes, and he thought it might be a sign of abuse.

Gomes, 24, was also originally charged with manslaughter. She pleaded guilty in April 2010 to the lesser charge of failing to provide the necessities of life in exchange for testifying against her former partner.

http://www.cbc.ca/news/canada/nova-scotia/story/2011/11/15/ns-rahman-trial-paramedic.html

Baby was in a coma when arrived at the IWK, court hears
November 16, 2011



Seven-week-old Aurora Breakthrough was in a deep coma when she arrived at the IWK Health Centre emergency department in July 2009, a doctor testified in Nova Scotia Supreme Court Wednesday.

The baby's father, Ashiqur Rahman, 25, is standing trial on charges of manslaughter and aggravated assault in her death.

Dr. Brian Norman told the court that when he first saw the baby, she was suffering from severe brain damage. He said that her brain had swelled to the point that the soft spot on her head was pushed outward.

The baby had arrived at the childrens' hospital in cardiac arrest. The team administered CPR, and her heart began to beat. But she was unable to breath on her own.

Norman testified that when he told the parents of the child's condition, the mother, Jane Gomes, began to cry and Rahman had little reaction.

The doctor testified that tests showed the baby had suffered previous broken ribs and damage to the bones in her arms and legs.

Norman described those injuries as "non-accidental."

That night, Aurora was declared brain dead and placed on life support.

Carmel McGinnis, a public health nurse with Capital Health, testified Monday that she called child protection services because she was concerned about the couple's living conditions in a Gottingen Street rooming house, and their ability to care for the baby.

She testified that Rahman was concerned that the baby was crying a lot and he wanted to get back to his business analyzing blood to "prolong life and end all death."

Gomes, 24, was also originally charged with manslaughter. She pleaded guilty in April 2010 to the lesser charge of failing to provide the necessities of life in exchange for testifying against her former partner.

http://www.cbc.ca/news/canada/nova-scotia/story/2011/11/16/ns-rahman-trial-iwk-doctor.html

Brain scan indicated baby abused, MD says
Image raised "a huge red flag of non-accidental’
November 17, 2011

A brain scan first alerted a Halifax doctor that a dying baby likely had been abused, a Nova Scotia Supreme Court trial heard Wednesday.

Seven-week-old Aurora Breakthrough died at the IWK Health Centre on July 27, 2009, four days after she was rushed there in cardiac arrest and not breathing.

Her father, Ashiqur Rahman, 25, is on trial in Halifax on charges of manslaughter and aggravated assault.

Jane Gomes, the baby’s mother, pleaded guilty in April to failing to provide the necessities of life and received a conditional discharge with six months of probation.

The baby’s attending physician, Dr. Brian Norman, a specialist in pediatric critical care, testified all day Wednesday.

He said he ordered a CT scan within two hours of Aurora’s admission to the IWK on July 23, 2009.

"I saw collections of blood and severe swelling," Norman said.

A radiologist explained to him that the bleeding was both old and new.

"At that point, I’m very concerned that there is trauma . . . a huge red flag of non-accidental," Norman said.

The doctor said he spoke to the parents after the scan and told them their daughter was likely brain-dead. He also tried to find out what had happened to her.

"They both shook their heads and acknowledged to me that they did not know of anything that had happened," Norman said.

But Rahman had some questions, one of which surprised Norman.

"He asked me if shaking could cause this," Norman testified.

But then the father went on to demonstrate what he meant by shaking, which turned out to be a gentle rocking motion.

Once for about 10 minutes, the baby was in someone else’s care and out of the parents’ sight, Norman said Gomes told him.

"Right away, I have a baby that has suffered a significant trauma and no plausible explanation," he said. "That raises a red flag."

Norman eventually contacted child welfare authorities, police arrested the parents, and Community Services took over guardianship of the infant.

For the four days she was in hospital, Aurora remained in a "deep, unresponsive coma," Norman testified.

Before she died, the IWK provided her with palliative care in the intensive-care unit. While she was there, other tests were ordered and they revealed more internal injuries.

Several ribs were broken and in various stages of healing. Although it is possible to break a baby’s ribs while performing CPR, Norman said he’s done the procedure on many babies and never broken a bone. And even if CPR was responsible for some of the broken ribs, it wouldn’t explain the fractures in her back, he said.

Healthy infant bones are pliable and would require high-velocity trauma such as a car accident or falling from a height to break, Norman said.

The baby also had a congenital heart condition — her heart walls were very thick and muscular.

Under cross-examination, Norman agreed that the heart condition could have caused previous cardiac incidents, any of which could have resulted in some brain injury, but he said that even collectively they were unlikely to cause the extent of brain damage the baby had.

The doctor also said Aurora was never tested to see if she might have suffered from a collagen deficiency, which can cause weak bones.

http://thechronicleherald.ca/novascotia/33772-brain-scan-indicated-baby-abused-md-says

Mother testifies in baby death trial
CBC News Posted: Dec 7, 2011 8:44 AM AT Last Updated: Dec 7, 2011 10:59 PM AT

The mother of a seven-week-old baby who died over two years ago testified Wednesday in Halifax at the manslaughter trial of her former partner.

Jane Gomes told a judge-only trial that her former partner, 25-year-old Ashiqur Rahman, violently pulled her hair in an argument on their first day home after giving birth to their daughter, Aurora Breakthrough.

Rahman is charged with manslaughter and aggravated assault in Aurora's death in July 2009.

Gomes, 24, pleaded guilty earlier this year to failing to provide the necessities of life in connection with the baby's death. She received a conditional discharge with six months of probation.

Gomes — who was brought up in Dhaka, Bangladesh — told the court that the couple had an argument after bringing their baby home from the IWK Health Centre.

The hospital had told the cash-strapped couple that their hospital bill was $6,000. They did not have medical coverage.

Gomes said Rahman was brooding over that bill. She, in turn, was upset about the chaotic state of their apartment — an attic in a Halifax rooming house on Gottingen Street. Gomes said criticized Rahman.

"He suddenly got angry and he lost his temper," she told Crown prosecutor Denise Smith.

"He pulled my hair with his right hand. He said I was arguing too much."

Gomes said she was shocked and feared he would continue to physically abuse her.

"I said, 'You stopped because I was pregnant all this time and now that I have [the baby] you think you can do it again to me,'" she testified.

Gomes said as time went on, Rahman became frustrated with their crying newborn. She said her former partner blamed her for not feeding the baby properly and called her stupid.

Rahman showed little emotion as he watched his ex testify against him.

Parents met at Acadia University
Earlier on Wednesday, Gomes gave a detailed reconstruction of how she came to Canada and how she met Rahman when she was in her third year Acadia University in January 2008. She told the court they became friends and fell in love.

"It felt wonderful," she said.

"I loved him and I thought we would be together forever."

Gomes said by March 2008, Rahman moved into the boarding house where Gomes was living. By May of that year, they moved into their own Wolfville apartment.

Gomes told the court that she kept her relationship with Rahman secret from her family. She went to an all-girls Catholic school and had no exposure to boys growing up.

She said her father was strict, saying, "Dad was less than gentle with my mom. He was very strict about things."

Gomes said her contact with her family via computer became less frequent during her relationship with Rahman. She told the court he didn't like her staying in touch with them.

By September, the couple dropped out of school and moved to Halifax, where Rahman wanted to start a business. Gomes said she didn't agree with his plan.

"I tried to tell him that I don't think it's the right thing to do. But he wouldn't listen to me," she said.

"That day, later, we had a fight about it and Ashiqur actually hit me."

Gomes said her partner's business ideas changed, from a computer video game project to an online shopping business. She testified she disagreed with him on what direction their life together should take.

"I felt like it was out of control," she told the court.

"Didn't know how to put it back together. You can feel when something is not going right."

Aurora Breakthrough's birth
Gomes said she stopped taking birth control pills in August 2008 and realized she was pregnant in January 2009, after she'd missed a few cycles.

She testified that she kept the pregnancy a secret from her family, although Rahman told his family in May, about a month before the baby was born.

Aurora Breakthrough was born June 6, 2009. She died at the IWK Health Centre in July.

Their daughter's birth was described as a moment of joy amidst growing troubles for the couple, as Rahman's attempts to start an online business failed to bring income into the household.

"I breastfed her and that's the most exciting moment of my life," Gomes said, breaking down and crying on the stand.

"She was really tiny, very beautiful. Just seeing her made me feel so strong and no matter what the other issues were in that time in our life, I felt we could do it."

Gomes told the court that while Rahman helped change the baby and occasionally picked her up, he was more preoccupied with attempting to start his computer business.

"Ashiqur seemed to love her," she said.

"He would make comments on how cute she was and sometimes pick her up, but still his central focus was on his work.

"Sometimes I would see the father, the dad, in him. But the joy of being a parent, that was somehow missing."

A neuropathologist testified earlier in the Nova Scotia Supreme Court trial that the baby had extensive brain injuries.

Earlier testimony indicated that Aurora also had broken bones that were most likely caused by being grabbed, yanked and squeezed, and retinal hemorrhages consistent with head trauma.

Don Murray, Rahman's lawyer, is expected to cross-examine Gomes later this week.

"We're not unsympathetic to all the emotions that arise in this kind of circumstance and so we'll deal with it in the time that it takes," he said Wednesday.

http://www.cbc.ca/news/canada/nova-scotia/story/2011/12/07/ns-rahman-trial-testify.html