A BABYSITTER serving life for the murder of a North-East toddler could be free by the end of the year if her court appeal is successful, it was revealed last night.

Suzanne Holdsworth, 37, has spent two years behind bars for the murder of two-year-old Kyle Fisher.

The youngster died of fatal head injuries after he was slammed into wooden banisters.

Experts said the impact on his skull was similar to the boy being thrown from a car travelling at 60mph.

Holdsworth was looking after Kyle while his teenage mother, Clare, who lived opposite her on Hartlepool's Central Estate, was on a night out in July 2004.

The case at Teesside Crown Court hinged on medical testimony, which said the injuries could only have been caused during the 75 minutes Kyle was at Holdsworth's home, in Milpool Close.

Throughout the trial, Holdsworth strenuously denied the accusation, saying the injuries must have been caused before she took charge of him.

Holdsworth's legal team claim they have new medical evidence that casts doubt on the conviction.

Her supporters claim the medical testimony shows Kyle could have suffered the head injury earlier, while showing no outward signs.

Three judges sitting in London's Appeal Court will hear the medical evidence and decide later this year if it casts doubt on her sentence.

Last night, Holdsworth's long-term partner, Lee Spencer, said he was ecstatic that the appeal was finally going to be heard.

He said: "A lot of people have been waiting for this appeal for a long time, family and friends. We're absolutely elated."

Although no firm date has been announced, Mr Spence said the case would be heard before the end of the year, possibly as soon as the summer.

He said: "She's been in prison for two years now, but this whole thing has been hanging over us for three years, and this is just like a weight being lifted."

Mr Spence, 36, who lives in Leeds with the couple's two daughters, Lesley, 18, and Jamie-Lee, 12, said he had spoken to his partner about the ruling.

He said: "Suzanne's overwhelmed, she's jumping for joy."

But he urged caution until the outcome of the appeal, saying: "Obviously, our feet are still firmly on the ground, but I can't help being overjoyed at this decision."

Mr Spence added: "There were no medical experts called on Suzanne's behalf last time, so really the jury had no option but to convict.

"Now we've got various medical testimony from here and overseas, which answers some questions. Some things which weren't said first time round have finally come to the forefront."

Mr Spence paid tribute to Holdsworth's lawyer, Campbell Malone, for assembling the evidence to warrant an appeal.

But the news will come as a blow to the family of Kyle Fisher, who criticised the original ten-year minimum sentence given to Holdsworth when she was convicted of murder.

At the time, Linda Fisher, Kyle's grandmother, said: "When we heard the sentence we couldn't believe it.

"In my mind, murder meant 15 to 20 years. We feel like she has been convicted of murder, but given a sentence for manslaughter.

"I can't get my head round it."

Mrs Fisher said last night: "As far as we're concerned, there's no appeal yet. We haven't been informed by the police, and they would if that was the case."