Parents who believed in a ‘holistic approach’ were acquitted by jury of killing their son with cystic fibrosis

The parents of a sick child who later died have been acquitted of his murder.

Craig Herdman, 46, and Paula Freitas, 37, went on trial at the High Court in Glasgow charged with manslaughter against their 15-month-old son Fraai Herdman.

The child suffered from cystic fibrosis and developed an infection ten to fourteen days before his death on February 9, 2021.

The pair were accused of failing to obtain “adequate, timely and appropriate” medical checks and treatment for Fraai at their home in Girvan, Ayrshire.

Nearly 24 hours after the jury was allowed to deliberate, Herdman and Freitas were found not guilty.

The jury would also have had an alternative charge of neglect under the Children and Young Persons Act available.

The indictment ran from January 26 to February 2021.

The court heard that Fraai had a cold a few weeks before his death, which ‘cleared up’.

This included him having a cough. His mother said she thought the child would “get over it” and that he seemed “happy enough.”

Fraai died at Crosshouse Hospital in Kilmarnock, Ayrshire, of bronchopneumonia.

That morning, the alarm was raised when Freitas went to breastfeed her son.

His breathing was said to be “erratic” before he simply “flopped.” A 999 call was made as Herdman performed CPR on the boy.

Freitas described the traumatic scenes as “a complete blur.”

She told police: “I’m just in shock. I can’t believe what happened. I just thought it was a cold.”

The court heard further details of the parents’ questioning in the immediate aftermath of the death.

Jurors were told the couple claimed they preferred a “holistic approach” to the treatment of Fraai and another child they often cared for.

Herdman stated that they were “kind of anti-healthcare.” The pair – who met in London before moving to Girvan – were not advocates of so-called ‘Western medicine’.

They preferred treatments such as homeopathy and physiotherapy.

Around that time, there were also concerns about a hospital visit due to the Covid situation.

They told how giving Fraai antibiotics earlier had “knocked him for six”.

Herdman had not wanted an autopsy performed on his son because of “certain beliefs” he had.

Herdman went on to say that Fraai’s birth had never been registered, amid claims that he could become “property of the state”.

A letter sent to East Ayrshire Council’s registration office was mentioned during the trial.

It was marked as a ‘declaration of refusal of consent’ for any information held about Fraai, and if it were, it would be a ‘breach of trust’.

Catherine Dunlop – who worked in the registration department – ​​agreed with Herdmans QC Mr McSporran’s suggestion that the request was “extremely unusual”, if not “unique”.

Prosecutor Alan Cameron told jurors in his closing address: “If appropriate medical attention had been sought sooner or sooner, Fraai would have survived.

“It would have been prevented if Herdman and Freitas had sought medical attention in a timely manner.

“You should have little difficulty discovering that this is how Fraai died – these facts are not in dispute.”

In his closing speech, Mr McSporran told jurors that if the pair were found guilty because of their ‘beliefs’ it would be ‘unacceptable’.

He stated: “In hindsight, if they had a choice about the situation presented, would they do the same? I highly doubt it.”

After the verdict was announced, Judge Lord Rennuci told the pair: “You have been acquitted of the charges by the jury and are free to go.”

Freitas was spotted in the dock holding back tears before leaving the courtroom.

The judge then told the jury: “This was a difficult case, and the court understands and appreciates that.

“I’m not saying you enjoyed jury service because of the nature of this trial, but I hope you found it an educational experience.”

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