A FATHER jailed for killing his baby daughter in an alleged episode of "baby-shaking syndrome" has won the right to challenge his conviction after a ruling in London's Appeal Court.

Mark Cordice, 29, was given a three-month sentence at York Crown Court in March last year following his conviction for the manslaughter of five-month-old Olivia.

Cordice had been left in charge of Olivia on the day of her death, but rushed round to a neighbouring post office in the late afternoon with his child in "dire straits".

Olivia was rushed to hospital for emergency treatment, but was pronounced dead at 7.30pm, the cause of death being brain damage.

Lord Justice Mantell said Cordice - of Rossett Green Lane, Harrogate - was prosecuted on the basis of medical opinion that the baby's injuries were "typical of what is sometimes called baby-shaking syndrome".

The prosecution claimed the injuries could only have been caused by "violent and deliberate shaking", but defence medical experts disputed this theory claiming that "a much lesser degree of force could have produced the injuries which the doctors noted".

Lord Justice Mantell - sitting with Mr Justice Bennett and Mr Justice McCombe - granted Cordice permission to appeal against the conviction in the light of "fresh research done in the United States" which seemed to support the defence thesis.

"We think that is a matter worthy of consideration by the full Court of Appeal," the judge ruled.

No date was set for the full appeal hearing.

Updated: 11:59 Wednesday, January 16, 2002