Abel-Jax Mailey: Dad jailed for life with minimum 16 years

Oliver Mailey, 26, was jailed at Preston Crown Court following a 10-day trial in which a jury found him guilty of murdering his son, Abel-Jax Mailey, by a majority of 11-1.

Mailey, formerly of Piccadilly Road, Burnley, had previously admitted manslaughter but denied he intended to do serious harm to Abel-Jax when he shook him with what doctors described as the “force of a car crash” on the morning of November 28.

The jury heard during the trial how Mailey had previously shaken the little boy between four and 10 days before the fatal injuries were inflicted, causing broken ribs and a bleed on the brain.

Doctors were able to ascertain this after discovering scar tissue and healing wounds when a post mortem was carried out on Abel-Jax after a decision to switch his life support off on November 30, 2021.

In the three days leading up to November 28, Mailey described Abel-Jax’s cry changing from that of a normal baby cry to one of a “wincing or hurting” cry – and when the tot was held by Mailey’s half-sister on November 26, she told her sibling he didn’t feel right and was “too stiff”.

Mailey said he thought the crying was down to Abel-Jax being constipated or having wind, and never mentioned anything about shaking the baby in the days before.

On the morning of November 28, Mollie went to work at Burnley FC's stadium Turf Moor, but within 45 minutes of her leaving, Mailey was calling her telling her there was something wrong with their son.

In a video call between the pair, Mollie could see Abel-Jax on Mailey’s knee, his body was limp and lifeless.

Mailey told Mollie he had been changing him and he felt limp, so he went to feed him but then his arms went floppy, and he felt “weird”.

Abel-Jax was rushed to hospital in Blackburn but later transferred to Royal Manchester Children’s Hospital.

Mailey was arrested on the evening of November 28, as was Mollie Gorton a couple of days later.

She was later accused of murdering Abel-Jax but was cleared after around two weeks.

Mailey later admitted to shaking his son but said he did it in a “moment of madness” as Abel-Jax wouldn’t stop crying.

Mailey initially pointed suspicion towards Mollie Gorton by saying only him or her could have inflicted the injuries, as they were the only ones who had been around Abel-Jax.

At one point he even made suggestions one of her other children could have been responsible for Abel-Jax’s injuries.

He was charged with Abel-Jax’s murder in July last year. He continued to deny murder throughout court proceedings, and denied previously shaking his son right up until the first day of his trial.

Sentencing Mailey, Mr Justice Cotter said: “You've been convicted of the murder of your son.

"The cause of death were injuries sustained at your hands. You started a relationship with Mollie Gorton in 2020 and moved in with her and her children.

"Mollie had no concerns about you and your behaviour around her children, and your step-child.

"When she became pregnant there was tension between you due to your reluctance to believe he was yours, as you had a low sperm count.

"But you warmed to the idea and when he was born there were no concerns.

"I am sure that you were not as attentive and loving towards Abel-Jax when you were alone with him as when Mollie was present in the room.

"When Charlene Hey visited on November 19, she said the child was crying uncontrollably and eventually you came out of the kitchen and said he had been fed, and she said you looked ‘shifty', and she knew something was wrong and felt sick to the stomach. 

"Some time on the weekend of November 20/21, you shook him violently.

"The force you used on this occasion was considerable and was enough to cause seven fractures to his ribs.

"You also caused a brain bleed, the mechanism must've been gripping and shaking and squeezing. I am wholly satisfied that you knew what you did was wrong.

"It must be borne in mind this was a seven-week-old baby.

"You said in an interview you knew you had to be extra careful with him because he was fragile and you always like to be safe and secure.

"A few days before the fatal shaking you were seen at home by a health visitor, and she discussed with you coping mechanisms - the dangers of shaking a baby were specifically discussed.

"You knew a few days earlier you had shaken him with considerable force.

"It's clear you said a few days before November 28 Abel had been crying, a wincing cry, like a hurting cry - his ribs were likely to have been giving him pain.

"Having heard what the health visitor said and knowing that you had shaken Abel-Jax you must have had suspicions that you may have hurt him.

"Abel-Jax for his part, even at that tender age was doing his best to make his feelings known. Both you and Mollie noticed that he cried whenever you picked him up.

"The events that led to Abel-Jax's death happened in just over an hour on November 28, 2021.

"You did the night feed on November 27 as Mollie was working the next day.

"You never behaved inappropriately towards him in her presence and she never had concerns about you.

"The morning you were groggy but were able to search for cannabis by making phone calls.

"Mollie went to work and then you made a call to your brother, who said he could hear Abel crying in the background.

"Then he heard a nustling sound and the crying stopped - this is important as Abel was feeding and it was 11.47am.

"You then text Mollie to say Abel had pooed at 11.51am.

"Less than eight minutes later you tried to call Mollie Gorton, and we now know in that eight minutes you had shaken Abel.

"You even tried to call a friend Kylie Heywood, and she told you to call an ambulance. Then Mollie told you to call an ambulance.

"You knew you had injured a seven-and-a-half-week-old baby badly, he was limp, not breathing properly, if at all, and unresponsive, yet you did not take the immediate and obvious step until two people had told you do so.

"You had already decided to lie, you lied to the paramedics and continued to lie at the hospital.

“Later at the hospital, Mollie accused you of hurting Abel. You denied that you harmed him and appeared to suggest her son had harmed him.

"You were both arrested on suspicion of GBH and later murder.

"In four interviews you continued to lie.

"This led to Mollie being under suspicion of murder until mid-December.

"Eventually the medical evidence showed an overall pattern of injuries to the brain, eyes and nervous system which was consistent with deliberate and forceful shaking on the morning of 28 November 2021.

"The injuries caused by shaking, the oxygen starvation, bleeding and swelling, led to Abel-Jax’s collapse and subsequent death

"The triad of brain swelling, brain bleeding and eye injuries were consistent with non-accidental head-injury.

"Dr Du Plessis described it as bleeding 'all over the show' and said his death was caused by deliberate forceful shaking towards the severe end of the spectrum.

"Abel was not a particularly difficult child - he had a good regime and was a good sleeper, there's nothing about his behaviour that could come close to driving you to what has been described as your wit's end.

"The reason he was crying so much in the days before his death was because you had broken his ribs.

"On the first occasion Mollie was upstairs and could've helped so it must have been a fit of anger.

"On the second occasion, you had been woken in the night a couple of times, but this is part and parcel of having a baby.

"It was only 45 minutes after Mollie left and you were shaking him again, in the space of eight minutes, but there was no indication of prolonged crying.

"However it obviously did not take too much for you to resort to shaking Abel-Jax and you ignored the clear warning that you had been given just four days earlier.

"The shaking on both occasions was clearly very violent.

"You subsequently lied to save your own skin.

"Also in these proceedings right up till the first day of the trial. Four weeks before the trial admitting to manslaughter, and then only admitting to the first injuries on the first day of trial, leaving suspicion on Mollie.

"Mollie left on the morning of November 28 and she returned to a living nightmare. She had to organise the funeral on her own.

"It's to her credit she's suffered so much and had not been broken by this.

"Oliver Mailey I sentence you to life in prison with a minimum of 16 years, less 196 days you've already served.”

Katie Marsden, Senior Crown Prosecutor for CPS North West said: “This is a truly tragic case.

"In his very short life Abel-Jax was subjected to appalling injuries on more than one occasion at the hands of his father; one of the very people who should have kept him safe.”

“The prosecution team worked tirelessly to achieve justice for Abel-Jax. Our thoughts remain with all those affected by his death.”

An NSPCC spokesperson said: “Our thoughts go out to Abel-Jax’s family. Like all babies, Abel-Jax was completely dependent upon the adults in his life.

"He deserved a happy and healthy future, but that was cruelly snatched away by Oliver Mailey’s horrific behaviour.

“We can all look out for children’s welfare and anyone concerned about a child can call the NSPCC helpline on 0808 800 5000, free of charge. If a child is in immediate danger, please call 999.”

Det Ch Insp Jane Webb, of Lancashire Police’s Force Major Investigation Team, said: “Abel-Jax’s death is utterly tragic and heart-breaking. It has left his family devastated and no words can describe the unimaginable pain they have suffered and continue to suffer.

“As Abel-Jax’s father, Oliver Mailey was in a position of trust, there to provide love, support and care. On that day, Mailey abused that trust in the most violent and horrific way. He carried out a shocking attack, which tragically led to Abel-Jax’s death.

“When interviewed by police, he repeatedly denied knowing anything about how Abel-Jax had come by his injuries. It was only in recent months he admitted shaking Abel-Jax and pleaded guilty to manslaughter, claiming he did not intend to kill or cause serious harm.

“Mailey is a coward and his actions alone led to the death of his son.

“We welcome the verdict at court and would like to thank the jury for their careful consideration and giving Abel-Jax a voice. This has no doubt been a difficult and at times distressing trial.

"We welcome the verdict at court and would like to thank the jury for their careful consideration, during what has no doubt been a difficult and at times distressing trial.

“Our thoughts remain with Abel-Jax’s family as they continue to come to terms with their loss.”