Catherine Davidson, a mother from Fife, was found having 'intimate relations' in hospital with the man who killed her baby daughter at the time she was told the child's life support was to be switched off. Ms Davidson had left her five-month-old daughter with her partner, ex-soldier Gordon McKay, so she could get her two older daughters ready for a day out with their grandmother at the time of the attack. McKay claimed he had left the baby alone on a beanbag momentarily, and came back to find her unresponsive so shook her in panic to check if she was conscious, denying murdering the child. In response to police questioning at the hospital, McKay told the doctors that he had shaken the baby three or four times, and described her head as 'whipping backwards and forwards'.
After McKay admitted his assault, doctors carried out scans and discovered a bleed around baby Hayley's brain which was consistent with a significant head trauma. Her injuries were diagnosed as non-survivable and on February 17, after brain stem tests confirmed no activity, care was withdrawn and Hayley died. Gordon McKay plead guilty to a reduced charge of culpable homicide. Jane Farquharson, for the prosecution, told the court how Ms Davidson had developed an 'obsessive' relationship with the accused after splitting with Hayley's father. Hayley had been in hospital just two months before her assault, in treatment for a broken arm, and there is some suggestion that McKay was responsible for this injury too as the co-dependent couple had been together for three months at that stage. Farquharson said the couple denied they were seeing each other and taking drugs but later forensic tests showed they had smoked cannabis together with Hayley in the room the night before the baby's fatal assault. Catherine Davidson was described as 'seeming more concerned for the welfare of, and attentive to, Mr McKay' than tending to the needs of her critically inured daughter.
John Scott, defence solicitor, said McKay was an ex-soldier who had served four years in the army and had seen duty in the Middle East. There was a current psychiatric report being obtained which was seeking to discover if he might have suffered PTSD as a result of his military service. Deferring his sentence, Lord Uist told McKay: "You have plead guilty to the grave crime of causing the death of a baby by shaking her. As Mr Scott has recognised on your behalf, this is bound to result in a custodial sentence. I must, however, before proceeding to sentence, obtain a criminal justice social work report on you as you have never previously served a custodial sentence. I am prepared to continue bail, but this must not be taken by you as a sign that a custodial sentence will not follow." The case has been adjourned to gather background reports, and judge Lord Uist told McKay he would pass sentence at the High Court in Edinburgh on Thursday May 10. McKay's bail was continued to allow him to spend time with his two sons.