A MAN jailed after attacking his seven-week-old son and leaving him with severe head injuries is to take his case to the Court of Appeal.

Michael Faulder, 34, was sentenced to two-and-a-half years after being convicted of grievous bodily harm at Teesside Crown Court in 1999.

Faulder had claimed the injuries were caused when he accidentally dropped his son, Norton Baker, at the family home in Carr Hill, Gateshead.

But his version of events was rejected at his trial with the prosecution claiming that Faulder deliberately shook and threw down the baby.

The Criminal Cases Review Commission has now referred his conviction to the Court of Appeal after considering an application made by Faulder on July 10, 2000.

At his trial, Teesside Crown Court heard that, following the incident in February 1998, Faulder called an ambulance to take his son to hospital.

At one point, doctors feared the child might not survive, but, after a month in hospital he made a full recovery.

Faulder, who said he had accidentally dropped Norton when attempting to put him in his pushchair, had been left to look after the baby when his mother, Lorraine Baker, went to a bike rally for the weekend.

He was acquitted of causing of a more serious charge of wounding with intent, but convicted of inflicting grievous bodily harm.