Accusations that a prominent sportsman broke a baby’s ribs after a “brain explosion” are rubbish, a Dunedin court has heard.
The man, whose name is suppressed, is on trial accused of injuring with reckless disregard, with an alternative charge of assault.
The Crown alleged the man lost patience with the unsettled baby in 2023, squeezing him and breaking his ribs and collarbone “in pure frustration”.
In her closing address today, defence counsel Anne Stevens KC told the district court that it was rubbish to suggest the man instantly switched from being loving and caring to being a child abuser.
There were other ways the baby could have been hurt, including a severe vitamin D deficiency and birth injuries, she said.
Stevens said multiple character witnesses described him as gentle, kind, patient and thoughtful.
“An accusation can never equal guilt,” she said.
Stevens said her client had spoken to police three times and also gave evidence in court under oath, which was entirely voluntary.
He had scrutinised himself, questioning if squeezing out a burp could have caused the injuries and reached the reasonable conclusion that it could not, she said.
It was “most unlikely for a guilty person”.
There was no evidence that he was at the end of his tether, he said he slept well and accepted the baby was unsettled, but did everything he could to calm him, she said.
It was a “flight of fancy” to suggest the man lost it when things were normal at home and at work, Stevens said.
She questioned the Crown’s claim the man broke the baby’s ribs and collarbone just before their mother arrived home, who was then able to feed and settle the baby without noticing anything unusual.
The infant was later held by three neighbours who did not notice signs of the serious and painful injuries he was alleged to have, Stevens said.
A craniosacral therapist saw the baby the day after the alleged incident.
While she noted he was a bit more unsettled than previous visits, Stevens said she did not pick up the ribs the Crown claimed were broken the day before.
The evidence did not just create significant doubt, but contradicted the story, she said.
Instead, Stevens said microscopic fractures caused during birth and a Vitamin D deficiency so severe he was immediately given supplements when it was discovered were more reasonable explanations.
The healing process did not start so it was only as the fractures progressed that his vigilant mother picked up something was wrong and sought medical treatment, she said.
She urged the jury to use common sense, saying the man was alleged to have recklessly exerted all of this pressure on the baby, when he would not even hold the infant that way because he was worried about their head being unsupported.
Judge David Robinson is expected to sum up the case on Monday.
rnz.co.nz
