Manslaughter conviction stands for Calgary grandfather who fatally beat 5-year-old

Alberta's top court has upheld the conviction of aCalgary man whose months-long abuse of his young grandson ended with a fatal head injury.

Last year, Allan Perdomo Lopez, 60, was convicted of manslaughter in the death ofEmilio Perdomo, 5, who suffered acatastrophic brain injury on July 9, 2015.Perdomo Lopez was sentenced to nine years in prison.

The Mexican boy was sent to live with his grandfatherjust months earlier by his mother, who believed he would have a better life in Canada.

Perdomo Lopez appealed his conviction, arguing the trial judge should have dismissed the case for several reasons, including that there wasunreasonable delay in getting the matter to trial.

The appeal court panel found the defence was to blame for much of the delay.

"His inefficiencies further contributed to the delay and complexity of the case," reads the decision.

• Grandfather who called grandson 'ungrateful demon' found guilty in Calgary beating death

The trial judge heard evidenceEmilio suffered months of physical abuse at the hands of Perdomo Lopez in 2015.

By the time he was taken to hospital, Emilio had bruises and scars all over his body in varying stages of healing.

The marks coveredhis feet, shins, knees, thighs, groin, stomach, chest, arms, face and head. Abruise in the shape of an adult-sized grip mark covered his small left upper arm.

The boy's back was marked withscars from being whipped with a belt.

After the child's death,Perdomo Lopez was caught on a police wiretap referringtoEmilio as an "ungrateful demon" and saying "I didn't wantto kill that child."

One trial witness who testifiedwas a man who worked Sundays at a local flea marketwhere thePerdomo Lopez family shopped. He told the judge he watched as the boy deteriorated until he was barely able to walk and had a bandage on his head.

Perdomo Lopez also plans to appeal his nine-year sentence, which willproceed now that the conviction appeal has been dealt with.