A high-profile Dunedin sportsman is on trial in the High Court at Dunedin accused of serious family violence, crushing the ribs of an infant in July 2023.
Crown lawyer Richard Smith today argued the injuries were not intentional, but were reckless, and a squeezing movement around the torso of the victim was an unreasonable risk, requiring “significant force”.
The Crown evidence says there were no adult witnesses at home when the injuries were allegedly inflicted on the infant.
X-rays when the victim was taken to Dunedin Hospital showed at least a dozen rib fractures and a broken clavicle.
The sportsman’s charge of injury with reckless disregard carries a maximum penalty of seven years’ imprisonment.
He faces an alternative charge of assaulting a person in a family relationship.
Smith acknowledged today the defendant was described by family as a devoted and caring family member.
Some of the accused’s family will give evidence as well as expert medical witnesses and police.
Police evidence includes intercepted phone calls from the defendant’s cell phone.
Defence counsel Anne Stevens KC argued the accused is a “loving and caring family member” and “a responsible man”.
She said he voluntarily participated in police interviews and despite questioning of family, friends and neighbours, she said there was no evidence of him being other than responsible and caring towards his family.
Stevens said the police had based their accusations off radiology results but that fractures alone “are not diagnostic of abuse”.
She highlighted there were no witnesses to violence and said the accused was always careful of safety.
She said that he never squeezed the victim and there were other explanations including vitamin D deficiency and osteopenia, or genetic causes for fractures.
The jury trial is expected to take two weeks or more.
Judge David Robinson has continued the man’s name suppression and bail remand.