Kandyce Downer drops appeal against conviction
A Midlands woman who was jailed for life for murdering a toddler has abandoned her Court of Appeal bid to clear her name.
Kandyce Downer, 35, battered 18-month-old Keegan Downer to death less than a year after being made her legal guardian.
The child, who was found with brain and spinal injuries, was said to have been subjected to 'barbaric and evil' treatment.
On the day of her death in September 2015, Downer had delayed in calling 999 in order to dump the child's blood-spotted mattress.
Downer, of Beckbury Road, Weoley Castle, was convicted of murder at Birmingham Crown Court and jailed for life last May.
However, she launched a bid to appeal her conviction and was due to have her case considered by judges in London last week.
But after being refused an adjournment to put together more evidence, Downer sensationally dropped her appeal.
Her barrister, Christopher Millington QC, said Downer did not want to go ahead without the new evidence.
"On Monday, I had a video consultation with her," he told Lord Justice Gross.
"She told me she had been receiving counselling and the prison proposed to produce a psychiatric report about her."
But the judge, sitting with Mrs Justice Jefford and Judge David Aubrey QC, questioned what a mental health report would add to her case.
"We have carefully considered the application to adjourn, but refuse it," said Lord Justice Gross.
"There is not the slightest foundation, on the evidence we have seen, for suggesting there was a psychiatric issue at the trial.
"Secondly, she chose to fight the trial without seeking to adduce psychiatric evidence.
"Thirdly, it follows that she would struggle in the extreme to succeed in an argument that any such evidence should now be admissible.
"In the round, we cannot see any basis, on what we know, for suggesting that a psychiatric defence of some sort could succeed.
"For those reasons, we refuse the adjournment."
The judge added that it was the right decision for Downer to abandon her appeal.
