Murder accused 'would give him a pipe'

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The man accused of murdering a toddler by slamming him so hard in the stomach that he split the child's pancreas and liver in half gave the 2-year-old marijuana, a court has heard.

Josephine Lawrence told the High Court at Auckland how Joel Loffley used an asthma inhaler as a marijuana pipe and helped her 2-year-old son smoke the class C drug.

"He would give him a pipe and give him a spot."

As Ms Lawrence gave the evidence, some of her family members in the public gallery grew emotionally distressed and had to be helped from the courtroom.

Loffley has denied murdering Ms Lawrence's son James Joseph Ruhe Lawrence - known as JJ - while he looked after him at their family home in the Auckland suburb of Orakei in November last year.

Ms Lawrence said she saw her 2-year-old showing the signs of cannabis use, such as red eyes and sleepiness.

She also told the court of Loffley's violence and angry episodes. During one he smashed three of her cellphones.

Ms Lawrence said JJ's father - James Ruhe - had been in and out of prison and was behind bars when Loffley moved in with her.

She said Ruhe still phoned from prison up to three times a week to talk to his son.

But the calls stopped when Loffley repeatedly smashed her phone.

"Joel Loffley would break it because he didn't like me talking to James Ruhe."

Ms Lawrence said she was a fulltime mum and worked part-time and Loffley sold marijuana.

Yesterday, a police interview with Loffley was played to the court. During the interview, Loffley described what happened on the last day of JJ's short life.

He said he had been making the bed and "fluffed" up the blankets while JJ bounced.

"When I've gone to fluff it the last time he's jumped, fallen off the bed and landed on his face, on his chin and his legs have gone up over his head."

Loffley said JJ was wheezing afterwards but he put that down to the effects of a throat infection.

He told the police that JJ had filled his nappy so he gave the child a shower before changing him and putting him to bed.

The 29-year-old said his partner Josephine Lawrence arrived home, and he told her what had happened before going out with his brother. When he came home, he checked on JJ and found the two-year-old had brown liquid coming out of his mouth.

"And then she screamed and then I screamed, and then I started to panic and then she started to scream."

Loffley was asked by police if he had ever hit his kids and was responsible for the death of his stepson.

"I never assaulted my kids. I've got a few from assaulting my kids' mums but never my kids, ever, ever my kids. Ever."

Forensic pathologist Dr Fintan Garavan told the court he performed a post mortem examination on JJ, and bouncing off the bed could not have caused the toddler's fatal injuries.

During a slide show that included graphic photos of the dead toddler, Dr Garavan said he found 32 injuries, including evidence of two historic broken arms, a burn, bruises and abrasions.

But none of those injuries caused JJ's death. Dr Garavan said an internal examination revealed the toddler's pancreas and liver had been severed by being forced into the child's spinal column.

He said he had seen children with abdominal injuries who had been kicked by a horse, fallen two storeys or been involved in high-speed car crashes, and none had a severed pancreas and liver.

Crown prosecutor Phil Hamlin asked if bouncing off the bed could have caused the fatal injuries.

The doctor replied that it may explain an abrasion under the child's chin but not the abdominal injuries.

Under cross-examination from Loffley's lawyer Roger Chambers, Dr Garavan was asked if the injuries could have been sustained if the child collided with the base of the bed.

Dr Garavan responded: "The physics just doesn't add up. It doesn't provide an adequate explanation."

He said if it were possible, "there would be an awful lot of children in hospital with abdominal injuries".

Another scientist, ESR forensic toxicologist Samantha Coward also gave evidence to the court today, and said cannabis had been found in the child's blood.

She said the evidence suggested that the child had ingested cannabis but she could not say how recently before his death.

The trial continues.

 

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