The case of a former X-factor contestant accused of killing a baby girl has been delayed as prosecutors consider a report which could cast doubt on his guilt.
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Mitchell David Callaway, 37, is accused of murdering a nine-month-old girl in Binnaway in July 2018. The girl was in the sole care of Callaway at the time of her death.
Callaway was excused from appearing at Dubbo Local Court on Thursday, March 21, as prosecutors applied for an eight week adjournment to consider new evidence brought by the defence.
The prosecution said they would need time to review the expert report into the cause of death which could be "significant" for the defence.
When the matter came before the court again on Thursday, May 16, a further four week adjournment was granted so prosecutors could consult a panel of four experts about the defence's material.
Cause of baby's death disputed
Callaway - who placed 7th on season three of X-Factor Australia in 2011 - was arrested in Bowraville in June 2023 following a five-year investigation into the girl's death.
Paramedics were called to the home in Binnaway on July 23, 2018 after the girl's caregiver allegedly returned and found her unconscious. The baby was rushed to hospital, but later died.
Medical evidence before the courts showed the infant had suffered significant injuries to the head, including a skull fracture.
However, the exact cause of death and when the baby acquired the injuries is disputed.
Police allege Callaway fatally assaulted the infant while he was babysitting her on July 23, 2018. They allege these injuries caused the baby to go into cardiac arrest.
The evidence potentially linking Callaway to the death came to light during a coronial inquest which was heard between December 2022 to April 2023.
But the defence claims there is no evidence to link the injuries to the cardiac arrest and the baby's skull could have been fractured up to a week before her death.
In December 2023 Callaway was granted bail on the condition he abstains from alcohol and does not enter any licensed premises. He remains at his parents house in Bowraville.
It is unlikely the case will go to trial before 2025.
Callaway will next appear before Dubbo Local Court on June 13, 2024.
