The Hainaut Assize Court on Thursday found Gilles Viaene guilty of murdering his son Esekia, while his mother, Marjorie Brizard, was convicted of depriving the child of care and food, causing his death though without intent to kill.
The court delivered its verdict on the parents’ criminal liability for his death, which occurred in Frameries on 30 May 2023. Both parents had been accused of murdering their son by depriving him of the care and nourishment essential to his survival between 7 February and 30 May 2023.
Born on 10 January 2012, Esekia was diagnosed with cerebral palsy at the age of six months. Unable to walk or speak, the toddler required constant assistance, particularly with feeding.
A specialist centre in Mons cared for him, and the Youth Welfare Service (SAJ) has monitored him since October 2019. However, on 8 February 2023, the centre ended its cooperation with the parents, citing, among other reasons, their failure to follow the child’s care plan and repeated absences from scheduled appointments without justification.
Jurors had been asked to choose between two versions of events. The prosecution and civil parties argued that the case amounted to murder, while the defence lawyers said it involved deprivation of care and food resulting in death without intent to kill.
In explaining their decision, jurors said Viaene, who was alone with his son on 30 May 2023, must have been aware of the boy’s alarming condition. At the time of his death, he weighed just 12 kilograms.
They concluded that he could not have ignored how close the child was to death and had, at the very least, accepted the consequences, knowing death would occur in the normal course of events.
As for Brizard, jurors said she had knowingly failed to provide the essential help her son needed, deliberately neglecting her duties as a mother. They found, however, that there remained doubt over whether she was fully aware of the fatal risk created by that lack of care.
Jurors reached different conclusions for each parent. Viaene was convicted of murder, but not of premeditated murder. Brizard was found guilty of withholding care and food in a way that led to the child’s death, without any intention to cause it.
