Two parents whose abuse of their 41-day-old baby forced the amputation of both of his legs could still be walking the streets today if it wasn’t for the child’s new mother’s fight for justice.

Jody Simpson and Tony Smith were both jailed for 10 years after inflicting horrific injuries, including several fractures, to Tony Smith Jr’s legs at their home in Maidstone three years ago.

Simpson, 24, and Smith, 47, showed no remorse or any emotion as they were sent to prison at Maidstone Crown Court yesterday.

It has since been revealed that the Crown Prosecution Service only brought charges against the pair following the determined fight of baby Tony’s adoptive parents after it was first thought there was not enough evidence for a prosecution.

The youngster’s new mother, who cannot be identified for legal reasons, has strived for justice since the days she fostered the child.

During an interview with Nick Ferrari on LBC, she said: “I had fought for two years to get this back in front of the courts. They didn't think they had a good enough case.

“As soon as I became his legal mother, I re-appealed. And I certainly pushed it.”

When she became his legal parent she appealed to the CPS and both Smith and Simpson were charged in connection with the harm they caused to their child.

A CPS spokesman said: “This was an extremely complex case. Initially the CPS decided that the evidential test for prosecution was not met but following an application under the Victims’ Right to Review Scheme the evidence was reconsidered and charges were subsequently authorised.”

The child has since had both legs amputated due to the severity of the injuries inflicted and a subsequent septicaemia infection.

Tony is now growing up alongside siblings and is even attempting to play football with his new family.

Speaking after the sentencing, his adoptive mother said: “The last two weeks have been quite harrowing even though we knew exactly what had happened to him.

“To actually listen to it and the medical evidence and the showing of how these fractures were done was extremely hard so the last two weeks have been very, very, hard.

“The first time I met Tony he was shut down, withdrawn and totally glazed over but he had these beautiful big brown eyes and he melted me.

“I wasn’t going to leave that hospital without him. Those big brown eyes still get me now even when he is being very naughty.

“He is such a happy loving little boy that he just brightens up every day.

“Obviously one day he is going to want to know why he is in the state he is in and we will always be open and honest with him.

“He will always know his story.”