The defence cross-examination of the Starship Hospital pediatrician reveals a startling discrepancy at the heart of the case. For months the police and doctors repeatedly reported the baby had 13 to 15 rib fractures. But in court, it emerges the actual number of fractures was closer to half that amount.

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Speaking to Melanie, the couple say the police took advantage of Dan’s cooperative nature, and they describe the Crown’s medical experts as forming part of a self-supporting establishment that refuses to see their case from any other perspective. 

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The prosecution’s key medical witness, Starship radiologist Dr Russell Metcalfe, pushes our camera outside the court. Inside the courtroom, he is unequivocal - the baby’s fractures were “almost certainly” caused by squeezing. But under cross examination, cracks begin to appear in the Crown case. 

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The judge sends the jury out as lawyers argue over a controversial paper that warns of a false certainty pervading child protection units, which the authors say is leading to wrongful accusations and convictions. 

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The Dunedin endocrinologist slams the evidence from the American experts, and tells the court he would not go to the States to get a second opinion on the bones: “We would get a local opinion from a local expert.”

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The police video of Dan’s arrest is played to the jury. You be the judge: was this a genuine search for answers, or did they zero in on him from the beginning? 

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An eyebrow-raising plea deal lands just one week into the trial, offering Dan a way out – if he agrees, it would all be over. Jess and Dan are forced into making a huge decision: walk away now, or risk everything. 

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With an older child born with club feet and no explanation for their second baby’s injuries, Jess is desperate to have their baby genetically tested – will she and Dan find the answers they’re searching for?

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Three key Dunedin doctors take the stand - what starts as medical certainty is seriously challenged, raising questions about how solid the evidence really is.

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The day starts with a surprise when the judge turns the spotlight on our journalist, Melanie Reid, questioning her connection to the family, her objectivity and her independence. Then testimony from Jess’ midwife and the on-call obstetrician examines whether intense birth forces and induction drugs could explain the injuries, setting up a high-stakes clash between the hospital’s medical view and the defence’s case.

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“Distraught, shocked and in disbelief” is how one neighbour describes Dan’s reaction when he found out about his baby’s injuries. A second neighbour tells the court it’s laughable to even think that Dan could be violent. Then the maternal grandmother takes the stand, saying after the baby was born he screamed and cried all day, every day.

Sign up to DELVE+ to get early access to new episodes and listen to our latest investigation, Diagnosis of a Crime, all four seasons of award-winning The Boy in the Water, both seasons of Fractured, the explosive Powder Keg and Satanic Panic: Peter Ellis, the Creche Case & Me, all ad-free. Presented by investigations editor Melanie Reid. Discover more at Newsroom.co.nz and search for Melanie Reid Investigates on Facebook and Instagram.

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