A prominent sportsman broke down in tears of relief after being cleared of serious child abuse allegations.
The defendant, whose name remains suppressed, closed his eyes as the jury delivered its unanimous verdicts in the Dunedin District Court yesterday after a trial lasting more than three weeks.
Judge David Robinson. PHOTO: ODT FILES
When he opened them, he was a free man and Judge David Robinson invited him to join family and friends in the public gallery.When he opened them, he was a free man and Judge David Robinson invited him to join family and friends in the public gallery.
He was immediately embraced by the tearful support team as his two-year nightmare officially ended.
The man was home with the persistently unsettled baby while the child’s mother was at the gym on July 16, 2023.
It was during a window of less than an hour, the Crown alleged, that he became frustrated, inflicting a squeezing or crushing force on the infant.
A few days later, the baby was admitted to hospital and diagnosed with up to a dozen broken ribs and a fractured collarbone.
Counsel Anne Stevens KC called the theory her client had been responsible for an attack "total rubbish".
"There’s no evidence he was tired or at the end of his tether," she said.
"There’s nothing out of the ordinary going on here."
The defendant gave evidence during the third week of the trial, explaining to the jury the events of the day in question.
He said the baby woke shortly after its mother had left the home, so he warmed up a bottle of milk.
The child refused to feed and the man’s burping techniques, which he demonstrated from the witness box, were unable to relieve its discomfort.
The defendant told the court he was only frustrated with himself and would never take it out on a baby.
"It just blows my mind. I would never hurt him or put him in a position where he could be hurt.
"That just seems crazy to me," he said.
The court heard there was no discernible deterioration in the child’s state from that point and the hospital visit only arose when the mother heard or felt a crackling sound in the infant’s back two days later.
Once the fractures were diagnosed, it prompted a series of scans and the files were sent to Starship Hospital experts for review.
A string of medical staff involved in the case gave evidence for the prosecution, all arriving at the same conclusion — the bone breaks would have required significant force and were likely the result of trauma.
But experts called by the defence rejected that, raising the possibility the "microscopic" fractures may have been caused at birth — the result of a severe vitamin-D deficiency — and been exacerbated over time by the baby’s straining.
Mrs Stevens said that was reinforced by the child’s demeanour, which witnesses said was unchanged over the course of its life.
She called the allegations against the sportsman "earth-shattering" and pointed to his conduct in the aftermath as evidence of his innocence.
It was the defendant, she stressed, who had voluntarily and candidly told police, early in their investigation, about the events of July 16.
"If you had a guilty mind, I suggest you would not draw attention to your frustration."
Above all else, it was her client’s character that should remain at the forefront of the jury’s mind, she said.
Witnesses had described him as patient, kind and thoughtful; one had described the allegation of violence as "laughable".
"A suspicion or concern can never equal guilt," Mrs Stevens said.
At the close of the case, Judge Robinson thanked the defendant and his supporters for their decorum during the trial and said it was clear the sportsman was held in "high esteem".
Counsel now have a month to file submissions regarding a final order for name suppression.