Shelly Kuzyk's lawyer, Asgar Manek, said the crown could not prove the injuries happened while the baby was in Kuzyk’s care and not in the approximately 48 hours that went by before she was taken to hospital.

A babysitter from Hamilton, Ontario is accused of assaulting a 7-week-old infant. The same woman was previously charged with second-degree murder in the death of another infant in 1997.