The families of a toddler that died in a Dubbo unit last year, and the man accused of its murder, will have to wait until next week to hear the verdict of a jury hearing the case.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
One of the jurors took ill in Orange Supreme Court yesterday, bringing an early halt to proceedings and stopping Acting Justice Graham Barr half-way through his summary of the case.
The whole time the accused, 21-year-old Matthew Allen James Dennis, sat silently in the dock.
The case dates back to March 21 last year when the toddler, who cannot be named for legal reasons, was found unconscious in its cot.
Despite resuscitation attempts by both Mr Dennis and ambulance officers, the child was unable to be revived.
Crown prosecutor Wayne Creasey called 29 witnesses throughout the first seven days of the trial, including the child’s mother, the live-in babysitter, police and medical experts.
The court was told the child suffered a series of head injuries, including a fractured skull, a subdural haemorrhage, and swelling and bleeding on the brain.
The toddler also had a series of bruises on its head and face.
It was believed that following the completion of final addresses and Acting Justice Barr’s summary, the jury may have been released as early as yesterday afternoon to deliberate its verdict.
However the drama of yesterday afternoon put paid to those plans.
Earlier in the day, defence barrister John Spencer concluded his final address, which had started on Wednesday morning.
Mr Spencer spoke of the circumstantial evidence involved in the Crown’s case and raised the possibility that the injuries suffered by the toddler may have been as a result of accidental damage caused by the babysitter, who according to witnesses, was drunk on the night in question.
He told the jury there were only three viable culprits for the injuries that caused the death, Mr Dennis, the babysitter or the child’s mother.
“My client gave two lengthy interviews to police despite being told time and time again that he didn’t have to,” Mr Spencer said.
“One might think he would have hesitated if he had something to hide.
“Those actions and conduct are consistent with innocence.
“If you apply yourself to the evidence there is only one verdict reasonably available - not guilty.”
Then it was Acting Justice Barr’s chance to summarise the case for the jury.
“You’ve heard graphic evidence about a tragic death and serious injuries,” he said.
“But you have to judge with your heads, not your hearts.
“If you believe there is an alternative inference to the accused being responsible, then the Crown has not proved its case beyond reasonable doubt.”
The trial is set to continue today.
ben.walker@ruralpress.com
