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Kimberix

Trusted Member
No-one has ever been charged over the death of a five-month-old boy who had severe bruising and anal injuries after medical experts failed to agree on the cause of death, a court has heard.

A coronial inquest has begun into the death of Michael Smedley in Alice Springs more than four years ago.

Counsel assisting the coroner, Kelvin Currie, said the baby died on July 26, 2012 while in the care of his mother's friends, Tamara Cole and Oliver Deighton.

Mr Deighton was at home on the day Michael died and had left the boy on a change table while he gave some keys to someone who came to the house about 9:40am, the inquest was told.

When he returned to the bathroom he saw the baby had wriggled to the edge of the table and was sliding off headfirst, Mr Currie said.

He said the infant was caught before he hit the ground, but Mr Deighton said Michael began hiccupping and jolting.


The inquest heard Ms Cole returned home about an hour later, at which time Mr Deighton went to get Michael and discovered him limp and not breathing.

Paramedics were called but the child was pronounced dead at 4.05pm.

He said Michael's body had three major pointers to shaken baby syndrome including haemorrhages to both eyes and cerebral swelling.

Michael also had anal injuries, blood in his nappy and it was thought that seven sperm heads were identified from a swab taken, the inquest heard.

But medical experts consulted by police had different opinions on the cause of death.

"The initial reports supported the hypothesis that Michael had died due to trauma likely caused by abuse from a carer, probably in the form of violent shaking," Mr Currie said.

A biomechanical and structural engineer offered another opinion, stating the brain injury may have happened when Michael was caught as he slipped off the change table.

In 2013, paediatric forensic physician from Adelaide Dr Terry Donald provided an extensive report based on the evidence and said he believed the baby did not necessarily die from abuse and the cause of death must remain open.

Today, Dr Donald appeared at the inquest and said he now thought the death was "non-accidental" and was caused by trauma.

Another expert consulted by police was forensic biologist Jay Gerhard who provided a review in 2015 which was critical of pathology results that had not been able to confirm Mr Deighton's DNA was on samples taken.

She told the inquest that when she looked at a slide thought to have contained sperm there was no sperm on it two weeks later.

Ms Gerhard said she had not seen that happen before, and believed it was caused by degradation of the slide because of the way it had been prepared.

"The police were unable to sustain a criminal charge and that left the mother most aggrieved."

http://mobile.abc.net.au/news/2016-12-12/coronial-inquest-into-death-of-baby-michael-smedley/8113784

FB Memorial page
https://m.facebook.com/inmemoryofmichaelsmedley/?tsid=0.9830360721795983&source=typeahead
 
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Medical "experts" couldnt agree on a cause of death!!???? Are you fuckin kidding me?! So all this time the bastard responsible for the murder of a baby gets to walk around enjoying life!? Lets see.. He was either raped to death or shaken to death! Or a combination!
Why the hell did they have to do a further investigation when its so obvious it was due to physical or sexual abuse!

Charge someone!
 
http://www.abc.net.au/news/2018-04-...laid-over-baby-death-in-alice-springs/9627700
A 25-year-old man has been charged with manslaughter and sexual intercourse without consent over the death of a five-month-old baby in Alice Springs.

NT Police said the child died on July 26, 2012.

The man was arrested this morning after an extensive police investigation and an inquest held in 2016 which revealed "further avenues of investigation", officers said.

An autopsy showed the baby had 26 bruises to his body, over both bones and soft tissue, and had injuries consistent with "shaken baby syndrome", including haemorrhages to both eyes and cerebral swelling.

The inquest heard the baby also had anal injuries, blood in his nappy and semen was found.

The boy had been with a carer at the time, who told police he caught the baby as he fell from a change table.

But a forensic expert told the 2016 inquest that would not have caused the fatal head injuries.

Last year the Northern Territory coroner found offences may have been committed and referred the case to police, but no-one had been charged until today.

The 25-year-old man was refused police bail and a court date is yet to be set.
[....]
 
Sexual intercourse without consent? What kind of bullshit charge is that when the victim is 5 months old? Shaking my damn head, Australia.
 
Thank you for the update!! Glad someone has been charged!
[doublepost=1523294815,1523294699][/doublepost]Now hopefully more charges against more people will follow.....i mean its been 6 years. They should have a mountain of evidence by now
 
@Kimberix @Satanica
A MAN charged with the manslaughter and sexual assault of a five-month-old baby has been granted bail in Alice Springs.

On Wednesday, Judge Greg Borchers granted the man bail on the conditions that he surrendered his passport, stayed in Alice Springs, was fitted with an electronic monitoring bracelet and paid a $5000 surety.

The charges relate to the death of baby Michael Smedley in Alice Springs on July 26, 2012 and were laid last week following a coronial inquest held on December 12, 2016.

In January 2017, Coroner Greg Cavanagh said he believed Michael’s death may have been the result of a criminal offence and referred it back to police for investigation.

Michael was five months old when he died of serious brain injuries while in the care of a family friend and her then-boyfriend.

He died after being taken off life support the same afternoon he was found “not breathing and limp” in his cot.
http://www.ntnews.com.au/news/north...l/news-story/d3318d875417e93267b143d2007459dc
4B0B2B4C00000578-5602825-Judge_Greg_Borchers_let_the_man_walk_free_on_Wednesday_under_con-a-12_1523452164911.jpg
 
Are you serious?!?!

Rape and murder of a 5 month old and you’re letting him out?

Half a joint would cost more here to bail out.

Oh, and I love the fact that his stipulations didn’t even include anything about staying away from children.

This is insulting.
 
@Kimberix @Satanica
An Alice Springs man has been found guilty of manslaughter over the death of a baby seven years ago, but has been acquitted of unlawful sexual intercourse.

Oliver Deighton, 27, was charged with manslaughter and unlawful sexual intercourse with a baby following the death of five-month-old Michael Smedley seven years ago.

During the trial, the prosecution alleged that the baby died from a traumatic head injury.

At the time of his death, baby Michael was in the care of Deighton's partner, Tamara Cole.

His mother, who was aged 16 when she gave birth to him, arranged for Ms Cole to take over full-time care of the baby some weeks before his death.

The court heard that the baby was left alone with Deighton the morning of his death, for a short period of time, when Ms Cole went to work.

When she returned the baby was found in his cot — pale, limp and not breathing. He died on July 26, 2012.

Crown prosecutor Stephen Robson told the court the case was circumstantial and the jury needed to consider the evidence as a whole, rather than each individual piece in and of itself.

During the 12-day trial, the Crown argued that the injuries which led to the baby's death could only have happened in the short window of time when he was in Deighton's care.

Defense lawyer Scott Corish argued that there was no DNA evidence to link Deighton to the death or to the charge of sexual intercourse without consent.

Due to the denigration of a sperm sample taken a day after the baby's death in 2012, Mr Corish said the slide could never be examined again by another expert, or an independent expert.

During the trial, police interviews with Deighton were played where he said he left baby Michael on the change table momentarily to answer the door, then upon returning found him falling and caught him awkwardly.

However, he did not include this statement in his initial police interview.

He said he did not include this detail because "it did not come to him".

"I thought a fall like that wouldn't hurt him... I thought he was fine," Deighton said.

Mr Corish said Deighton was of good character, and was simply a young man who made a stupid mistake by leaving the baby on the change table.

He said he was a 20-year-old looking after an infant, although he did not have much experience in parenting.

"There's no mention of any anger from any witness from Oliver towards Michael," Mr Corish said.

According to the defense, there was no motive for Deighton to have done what the prosecution alleged.

He will be sentenced in September.
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Defense lawyer Scott Corish argued that there was no DNA evidence to link Deighton to the death or to the charge of sexual intercourse without consent.

Due to the denigration of a sperm sample taken a day after the baby's death in 2012, Mr Corish said the slide could never be examined again by another expert, or an independent expert.
So Squire Corish is not claiming there was no semen sample, merely that it cannot be used to link his client to the criminal act of sexual intercourse with the baby without consent.

Tell me something, Squire: who raped the baby, and why wasn't that evidence presented in court?

--Al
 
An Alice Springs man has been sentenced to nine years in prison, with a non-parole period of four and half years, for the death of five-month-old baby Michael Smedley seven years ago.

In July, a Supreme Court jury found Oliver Deighton guilty of manslaughter over the death of baby Michael in 2012.

He was acquitted on the charge of unlawful sexual intercourse.

The court heard that baby Michael Smedley died because of injuries he sustained while Deighton was looking after him on the morning of July 26, 2012.

The cause of death was described as a traumatic head injury, similar to "shaken baby syndrome".

Prosecutor Stephen Robson said Mr Deighton had shown no remorse for what had happened.

He also said Deighton had never given a truthful account of what happened when baby Michael was in his care.
 
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