A BAIL hearing yesterday for a man accused of the manslaughter of his stepson heard horrifying allegations of ongoing abuse against the victim, who was just three years old when he died.
The 45-year-old man, who was last week charged by police with man-slaughter and reckless wounding causing grievous bodily harm, sat with his head hung, wearing prison greens and handcuffs, during the proceedings before magistrate Michael Allen, who refused the bail application.
In his 30-year involvement with the judicial system, Mr Allen told the court he had never seen allegations so abhorrent in their nature.
During the bail application, the court heard disturbing allegations contained in the police facts, which outlined the alleged abuse inflicted on the toddler as well as the injuries he suffered.
The injuries included intra-ocular bleeding; detached retinas; blood in his neck and his brain, which possibly caused his cardiac arrest; a distended abdomen; compressions in the eighth, ninth, 10th and 11th vertebrae and possibly a severed vertebrae, none of which were consistent with the explanation offered to police by the accused and co-accused following the three-year-old’s death in August.
Both the accused, and the co-accused, a 40-year-old woman who was subsequently charged with the child’s murder, told police the child fell and hit his head after becoming entangled in the leads of two pet dogs.
Facts disclosed to the court told how the deceased child had lived with his grandmother, only returning to the custody of his mother and stepfather on June 13, 2014.
On August 3, 2014, emergency services were called to their residence in Cunynghame Street, Oberon. Emergency services were told the three-year-old went into cardiac arrest after colliding with two dogs, falling back and hitting his head.
The mother told police after the incident the child got to his feet, looked strange and then vomited on the way to their home, where emergency services were contacted.
He was flown to Westmead Hospital, where he later died, and where other injuries were noted.
The court heard among the allegations of abuse inflicted on the child were that he was hit and kicked to the ground; kicked in the groin and feet; hit on the head and the hands with a wooden spoon; and had his head slammed into a sliding door.
It was also alleged the toddler was punched and placed in an esky full of ice and water and had the lid forcibly closed on him while inside.
It was also alleged the accused hit the child’s bare bottom and penis with a wooden spoon, and used duct tape to stick a plastic ball in his mouth and to secure his hands behind his body.
The court was also told that, in a later interview with police, the accused made admissions to some of the alleged assaults, including physically restraining the child in the esky, telling police he used his full strength to keep the child inside it.
DPP solicitor Ashlee Weir said the crown opposed the bail, submitting the alleged violence was of a constant and ongoing nature. She also noted the victim, while alive, did not receive medical treatment for his injuries, instead being treated at home in an attempt to hide the assaults.
She said the crown’s case was strong and there was a real risk the accused would not appear on future occasions.
In handing down his decision, Mr Allen said there was an unacceptable risk the accused would fail to appear in the future as well as an unacceptable risk he would interfere with witnesses.
He also noted the abhorrent nature of alleged violence against a three-year-old child, and refused bail.
He ordered the brief to be served by November 3, 2014, with replies on November 10.
The accused, who is in protective custody, will appear on November 10 via AVL.
