A prominent sportsman allegedly "crushed" a baby, causing more than a dozen broken bones.
The defendant — whose name is suppressed — pleaded not guilty to injuring with reckless disregard and an alternative charge of assault in a family relationship at the outset of yesterday’s trial at the Dunedin District Court.
Counsel Anne Stevens, KC, said the infant’s injuries could have been the result of an underlying bone disorder, the result of a severe vitamin-D deficiency.
But the Crown said medical evidence, which would later be heard by the jury, would indicate the fractures to the boy’s ribs and collarbone were caused by a significant "squeezing or crushing" force to the child’s torso.
Prosecutor Richard Smith, in his opening address, said the incident likely occurred in July 2023 when the baby’s mother was at the gym and the defendant was caring for him alone.
"The Crown case is that [the defendant], struggling with an unsettled baby, lost his patience, perhaps only briefly, and squeezed [the boy] with sufficient force to cause those fractures," he said.
The baby’s mother yesterday read a statement in which she described the first time she discovered a "crackling or popping" sound in her infant son’s chest, two days after the alleged incident.
The next day doctors found up to eight rib fractures, and the following week the diagnosis was worse.
The woman recalled being under 24-hour watch in her room as family-protection protocols were sparked.
In her first police statement, given shortly after the injuries were diagnosed, she said she could think of no incident in which the broken bones could have occurred.
The next month, however, she undertook a video interview with police after a discussion with a fracture expert.
That doctor had asked her whether she had co-slept with the baby and said the pattern of injuries indicated she could have rolled on him.
"It’s the only thing I can think of that makes sense," the mother said.
"We’ve gone over and over everything."
She stressed to police the co-sleeping was not a choice.
"The first night I remember crying because it was too dangerous ... He wouldn’t sleep next to me, he had to sleep on me," the woman told Detective Todd Balogh.
"If I could have put him in the bassinet, I would have."
She described the defendant in glowing terms and said the only time she had experienced him physically lash out was when the man had thrown a wheat bag at a wall, creating a a hole.
The mother said her infant had struggled with wind, constipation and sleep issues since birth, but his symptoms of distress had been inconsistent.
She had never thought the child’s discomfort was particularly severe and said she had only attended the hospital when directed by medical professionals.
Mr Smith said experts would give evidence during the trial that the injuries would have been caused by force, rather than an accident in bed or by the child’s low bone density.
While the defendant was under investigation, police covertly intercepted his communications and the prosecutor said at least one of his calls would be played for the jury.
Mrs Stevens said fractures in infants were not evidence of abuse, only potentially cause for suspicion — "and suspicion does not equal guilt".
She told the court the defence would be calling expert medical witnesses of their own who would cast doubt on the Crown’s theory.
"There are several other possible explanations for these fractures," Mrs Stevens said.
The trial, before Judge David Robinson, is scheduled to run for at least two weeks.
The child’s mother will continue to give evidence today.
rob.kidd@odt.co.nz , Court reporter
