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01 April 2009
Exclusive: Brandon’s dad speaks to the Tele
 

John takes comfort from the tributes placed at Brandon’s grave.

 
John Muir should be blowing up balloons for his little boy’s third birthday party tomorrow (writes Maura Bowman).
Sadly, for tragic Dundee tot Brandon Muir there will be no more parties and the only balloons on his grieving dad’s mind will be released at the weekend to mark the toddler’s brief life and traumatic death at the hands of his mother’s partner, Robert Cunningham.

Speaking exclusively to the Tele, John today tells of his anger at the prospect of his son’s killer being released from prison in just four years, the comfort he has taken from the support of the people of Dundee and the hurt he has felt at criticism over the family’s apparent failure to provide a headstone for Brandon.

He also accused Dundee social workers and Crown prosecutors of failing his son.

After a lengthy trial that uncovered disturbing details of Brandon’s life with his heroin addict mum Heather Boyd and the horrific injuries he received the day he died, a jury at the High Court in Glasgow found Cunningham guilty of killing the Douglas baby.

Cunningham was yesterday sentenced to 10 years in prison for the crime — a sentence Brandon’s dad can barely comprehend.

Heather Boyd was cleared of killing Brandon by failing to get medical attention for him. But, though she is innocent in the eyes of the law, John feels she still bears moral responsibility for her child’s death.

“I really can’t understand how he (Cunningham) only got 10 years and Heather has been let off with everything. I think it baffles most people around Scotland,” he said.

“We don’t even know how much of that sentence he is going to serve. There are no words to express how much I really hate him.”

John still feels frustrated that, as a potential witness, he was barred from the trial and so all the information he has about how his son died has been picked up from newspaper and television reports of the case.

He had to phone each day to find out if he would be called. “Then, three days before the end of the trial, I was told I wasn’t going to appear.

“I missed all of the trial and was getting all the information second hand. I still don’t really know what happened.”

Now he is hoping the inquiry into the circumstances surrounding Brandon’s death will provide answers to the questions he feels still have to be resolved.

He explained that he has already been approached on behalf of former Fife chief constable Peter Wilson, who is heading the independent review.

“They have said they will be wanting to ask me a few questions and I am more than willing to help in any way I can.”

John revealed he was not told of his son’s death — in the early hours of March 16 last year — until nine hours after the event and said he has had an uphill struggle to obtain any information in the year since then.

He had initially been led to believe his son had not suffered and was appalled to discover the extent of the 23-month-old’s horrific injuries.

Supported by his sister Dayna Garty and her partner Paul McDermott, he said Dundee’s Social Work Department had to be held to account for its inaction.

Referring to reports that a meeting to discuss Brandon’s future had been due to take place two days after the boy’s death, he said, “It was 48 hours too late.

“Social workers knew everything about Robert and Heather and should have done something about it. We wouldn’t be in this situation if social work had done their jobs.”

It emerged during the trial that Heather’s parents, Veronica and Raymond, were so concerned for Brandon that they tried to persuade social workers to allow the child to stay with them.

However, Brandon moved back to Douglas with his mother and Cunningham and 18 days later he was dead.

“If the social work had let him go to Veronica I have no doubt that he would be alive today. Brandon would be here today.”

John agreed with Dayna that, “Somebody has to answer. Somebody has to be held accountable for the mistakes to give some of us closure.”

A softly-spoken man who appears younger than his 22 years, John has obviously been touched by the way Dundee, Scotland and even the global community have taken Brandon to their hearts.

He stressed how much he wanted to thank the ambulance and hospital staff who did their best to save his son, Tayside Police and everyone who was involved with the child.

“The response from everybody has been terrific and it has been heart-warming,” he said. “The public in Dundee has been fantastic.

“I go up (to his grave) and read the messages and poems people have left and I also read the comments on the pages on Bebo and Gonetoosoon. I find it a comfort.

“You can’t even see Brandon’s grave for the ornaments, toys and huge teddies people have left for him.”

However, he went on, he wanted to set the record straight over the headstone issue.

He explained there are legal issues that have to be resolved before a stone can be erected, adding, “I hope Heather and we can reach an agreement over the stone.”

After Brandon’s birthday tomorrow, the next hurdle for the family will be the balloon release organised by the campaign RealJustice4Brandon.

More than 200 people are expected to march from Dundee High School to Tayside Police headquarters on Saturday.

While John and his family welcome the memorial, they are keen it is seen a celebration of his life and not a protest.

Regarding the suggestion that a more permanent memorial should be placed in the city centre, John has definite views. “It would be tragic if there was something in the city centre and it was vandalised.

“If there was to be a memorial, I think it would be better to have it somewhere where it would be respected — something like a bench up at the baby garden at Birkhill, to help other people who have lost children and are going through what we are going through.”

Most people only know Brandon from fuzzy photographs, but those who really knew the toddler tell a different story and laugh as they remember his antics.

“He loved playing and sharing his toys. He was always wanting kisses and cuddles and was into everything — just a normal boy,” said his Auntie Dayna. “A happy chappie.”

His dad added proudly, “Right from the get go, Brandon was a great wee chap.”