Defence lawyers John Perry QC and Elizabeth Christopher argued that Karim Salahuddin had dropped his daughter Cassidy while carrying her up an asphalt hill in a pumpkin seat.

Salahuddin said that he slipped when overcome by a dizzy spell and his daughter fell out of his arms and rolled 15 to 20 feet down the hill.

Salahuddin said the baby was inside the seat but partially hanging out since she was secured by only one strap.

The defence argued that her injuries were caused the fall.

The defence questioned the diagnosis of shaken baby syndrome since questions have arisen in the medical community about over-diagnosis of shaken baby syndrome. This over-diagnosis was highlighted in an article published in the British Medical Journal this March.

The defence maintained that the injuries could have been caused by Salahuddin's fall on the asphalt hill and that the baby's ribs could have broken during a prolonged CPR procedure in an attempt to save Cassidy's life.

Although doctors would not admit that the procedure was prolonged, ER physicians did say it was intensive. Medical staff said they did not find any sand in the pumpkin seat or scrapes on the outside of the seat.

Salahuddin is a diabetic who was not taking care of his diabetes properly at the time of the incident.

Defence witnesses said he was not eating and would have been dizzy and lethargic that day.

Salahuddin is a type two diabetic and had been managing his diabetes without taking insulin. He said he did not eat throughout the day on May 5, 2003, when his daughter was left alone in his care.

A strong element of the defence case was that Salahuddin took the stand, telling the jury in his own words that he loved his daughter and would never do anything to hurt her intentionally.

Mother of Cassidy, Amy McHarg, also told the court that her former lover was a dedicated father, supported her after Cassidy's birth and had said that he did not want to be a part-time father. Members of Cassidy's family all stated that this was true. Salahuddin maintained throughout the trial that he loved his only daughter and would never have done anything to cause her harm.