Justice is delayed for a man who allegedly bashed his girlfriend’s toddler to death giving her a broken ribs, a collapsed lung, brain bleed and slashed liver – because the prosecutor might have coronavirus
- Timothy Andrew Whiteley pleaded not guilty to murdering his girlfriend’s baby
- Toddler died after an incident in a home in the Hunter region on June 19, 2018
- Baby suffered bleeding to the brain, broken ribs, collapsed lung and lacerations
- Trial has been delayed because crown prosecutor has to be tested for COVID-19
A man is facing trial for allegedly bashing his girlfriend’s 20-month-old toddler daughter to death then claiming she just fell over.
Timothy Andrew Whiteley pleaded not guilty to murder after the toddler died following an incident in a home in the Hunter region on June 19, 2018.
The child died from multiple injuries, including bleeding to the brain, broken ribs, a collapsed lung, lacerations to her liver and bleeding in her abdominal cavity.
The 28-year-old was in a relationship with the toddler’s mother and claims he didn’t cause the girl’s injuries or take part in the attack.
Timothy Andrew Whiteley has pleaded not guilty to murder after the toddler died following an incident in a home in the Hunter region on June 19, 2018
The jury was told the toddler died after suffering a number of blows or kicks to the body.
The crown case is Whiteley was the only adult in the toddler’s bedroom when she was attacked.
The toddler’s mother told the jury on Wednesday she heard a loud bang before Whiteley came out of the girl’s bedroom carrying the child in his arms.
The mother said Whiteley claimed the toddler had had a fall and bumped her head.
She said Whiteley began performing CPR on the toddler saying: ‘Don’t you die on me you little bitch’.
Forensic pathologist Dr Allan Cala, who performed the autopsy, said the attack on the toddler would have been very sudden, acting like a shockwave.
Dr Cala said a CT scan revealed the toddler had suffered multiple injuries he believed had been caused by a ‘sudden, instantaneous force of a severe nature’.
Her broken ribs alone were the result of a ‘short, sharp delivery of force’.
According to the crown case, Whiteley and the girl’s mother were the only adults inside the house with the toddler when there was a ‘thud-type bang’ heard by a visitor just before 12.20pm.
Whiteley was in a relationship with the toddler’s mother and claims he didn’t cause the girl’s injuries or take part in the attack
The toddler was carried from the bedroom area soon after in a clearly distressed state, unconscious and not responding, but an ambulance was not called until 4.59pm.
Paramedics attempted to save her life but she was pronounced dead at 6.03pm at John Hunter Hospital.
The trial has been delayed because the crown prosecutor is ill and has to be tested for Covid-19.
Justice Stephen Rothman told the Newcastle Supreme Court jury on Thursday prosecutor Lee Carr SC had been unwell for the last day or so.
‘No one’s suspecting Covid but there’s a requirement he be tested and isolated until the results come back,’ the judge said before adjourning the trial until Monday.