Matthew Allen James Dennis, 21, is accused of murdering the toddler, who can not be named for legal reasons, in a Brisbane Street unit on March 21 last year.

Mr Dennis sat silently in Orange Supreme Court and took notes as Crown Prosecutor Wayne Creasey yesterday outlined the key facts of the case.

He told the jury that the child died as a result of injuries caused by moderate to severe force to the head.

He also said the child had marks on the back of his head indicative of impact with a wall in the lounge room of the unit.

And while he didn’t deny it may have happened, he also ruled out a fall in the shower as a cause of the child’s death.

In his submission, Mr Creasey broke the night of March 20, 2008 into segments, the first of which was from the time the child’s mother left the unit (about 11pm) until the time the live-in babysitter’s friends arrived (about 12am).

He said during this time the child was asleep and that no injury had occurred prior to that time.

After the friends’ arrival at the unit, he said the child was awake and was seen by at least three of the witnesses that gave evidence during the case before the girls were taken from the unit shortly before 2am.

“About 20 minutes later, around 2am, the accused has arrived at the unit,” Mr Creasey said.

“When the accused arrives at the unit, he has seen the child up and about and there are no injuries, and the child certainly isn’t suffering a skull fracture.”

Mr Creasey then went on to say that in the Crown’s opinion, between 2am and 3.30am, when the babysitter had left the unit and Mr Dennis was in sole care of the child, that the young boy was assaulted.

“There is no doubt the injuries were a result of deliberate actions,” Mr Creasey said.

“The evidence we have is that (the babysitter) arrived home at about 3.30am and phone records indicate that to be the case also.

“Before (the babysitter) left the child had asked for chips, which suggests he was hungry and in good health.”

Mr Creasey also raised the fact that after the alleged shower fall happened, and before the babysitter left, Mr Dennis made no mention of a bruise on the child’s chin.

In closing, Mr Creasey outlined a number of points that he hoped the jury would consider.

They included:

n Expert evidence that the injuries would have occurred at the same time;

n Continuous crying heard by a neighbour;

n Telephone contact between Mr Dennis and the child’s mother that paints him in an aggressive, angry frame of mind;

n Human blood on the shorts Mr Dennis wore out that night, with a DNA match to the child.

Defence barrister John Spencer then started his final address by outlining that murder is the “most serious offence on the criminal calendar”.

He told the jury that any doubt they have must be afforded to his client and that they are the “sole judges of fact”.

“Obviously the death of a 23-month-old is a tragic thing,” he said.

“But you can’t guess what might have happened.

“This is Orange, 2009, a real case and murder. It’s not television and you can’t guess.

“Nobody saw the accused do anything to this child. If you have any doubt, this man (Mr Dennis) is entitled to it.”

It is expected that Mr Spencer will continue his address this morning before Acting Justice Graham Barr sums up the case and the jury retires to consider its verdict.

ben.walker@ruralpress.com