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David Grant Sinclair is on trial in Greymouth Superior Court for the murder of his 10-month-old son.
A baby from Hokitika died with 30 bruises all over the body, fractures to the skull and bleeding in the brain and behind both eyes.
The crown says the fatal injuries were inflicted by her father, but her father alleges they were sustained from a fall down the stairs.
David Grant Sinclair is charged with murdering his 10-month-old son, CJ Bodhi White, in Hokitika on July 9, 2019.
A jury trial began Monday in Greymouth Superior Court before Judge Rebecca Edwards. It is scheduled for two weeks and 27 prosecution witnesses, plus Sinclair himself, must testify.
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Supplied
CJ Bodhi White died at 10 months in Hokitika on July 9, 2019. His father, David Grant Sinclair, denies killing the baby.
Crown prosecutor William Taffs said CJ had been in Sinclair’s care full-time for only six weeks before his death.
He said Sinclair told his family, first responders and police that he fell asleep with CJ in his bed and was awakened between 3 a.m. and 4 a.m. by a thud from CJ falling out of bed.
Taffs told the jury that CJ had not been sleeping well because his teeth were teething and he would have been in significant pain from injuries previously inflicted by his father, including a broken foot and bruising to his groin and scrotum.
He said Sinclair put his phone in “incognito mode” at 3.27am and searched: “Baby’s head falls back due to a concussion?”
He then accessed various apps, including a gambling site, and checked the weather forecast.
At 4.17 a.m. M., He searched again: “Why has my 1-year-old’s neck got completely slack after falling out of bed?”
He then sent a message to his mother asking her to call him.
When he called, he told him that CJ had fallen out of bed. He arrived home less than 10 minutes later, began CPR, and called emergency services.
CJ did not respond and was airlifted to Christchurch Hospital, but doctors ruled out surgery because his injuries were insurmountable. His life support was disconnected at 11:40 am. He was pronounced dead 25 minutes later.
CJ had 30 bruises all over his body, major brain injuries, skull fractures, mild inflammation in the skull, bleeding in both retinas, and swelling, cuts, bleeding, and clots in the brain.
Various medical professionals would give evidence that the injuries were not consistent with a fall from the bed onto a carpeted floor. They were consistent with his father hitting his head against a hard object or hitting his head with a hard object, Taffs said.
“I had too many bruises in the wrong places to be accidental. Consistent bruising with finger marks … inflicted in what the Crown says was a moment of anger or frustration. “
Taffs said that Sinclair had told medical professionals that the historical bruising was caused when he caught CJ’s leg with the car seat buckle and when CJ struck himself with a rattle.
Defense attorney Andrew McKenzie said the jury will be presented with “two very different scenarios.”
Said Sinclair would give evidence that CJ had fallen down the stairs. The defense would also present expert evidence.
“David Sinclair is guilty of taking too long to call 111. He is guilty of lying to the police and lying to people about his baby falling out of bed. You are guilty of not taking steps to eliminate the risk of your baby falling down the stairs.
“He is not guilty of the crime of murder,” he said.
Joanne Carroll / THINGS
The jury trial is scheduled to last two weeks and 27 prosecution witnesses will be called to testify.
