Proposed new measures to prevent innocent parents facing criminal charges for killing their children could have saved solicitor Sally Clark from prison if they had been put in place earlier, her lawyer told the Gazette this week.

Mike Mackey, managing partner of London and Manchester firm Burton Copeland, backed the Royal


Colleges of Paediatricians and Pathologists, which called for a 'national investigation protocol'. Mr Mackey said some tests that would be conducted under the new protocol did not take place in the Clark case. 'This would have made a real difference to Sally's case,' he said.


Police also failed to take into account the fact that newly-bereaved parents often could not remember details about their child's death because they were too distressed at the time, Mr Mackey added.


The inquiry also recommended better training for all those involved including lawyers, police, medics and judges. It complained that expert witnesses were often unqualified in the area that they were testifying in, calling for experts to meet up before trial and report their conclusions to the court in writing.


Inquiry chairwoman Helena Kennedy QC said: 'Creating rules and procedures that square the circle of maintaining high standards in the interest of justice for parents, while also safeguarding the young and ensuring their well-being, is an almighty challenge.'


The Expert Witness Institute welcomed the report, as it also recommended that judges seize the case management function in such cases. However, secretary Brian Thompson said he was concerned about who would take over the new training functions, as many experts were already sticking to simpler and more lucrative civil cases.


Professor James Underwood of the Royal college of Pathologists called for the guidelines to be implemented immediately. 'This requires time and resources to recruit and train specialist doctors and other personnel who have the competence and expertise to investigate these tragic deaths,' he added.Paula Rohan