Man charged with murdering Mandurama baby stays behind bars

FAILED BID: A  man appeared in court yesterday over the death of an 11-month-old baby girl.
FAILED BID: A man appeared in court yesterday over the death of an 11-month-old baby girl.

A MAN accused of murdering an 11-month-old baby girl has again been remanded in custody after making a failed bid for bail on Thursday morning.

The baby died at Blayney Hospital at about 12.40pm on April 2 after being driven to hospital by the accused, who later told police the baby had fallen from a trampoline.

The 35-year-old, who cannot be named for legal reasons, appeared in person before magistrate Michael Allen at Bathurst Local Court and sat silently wearing prison greens and handcuffs through the 30-minute proceedings.

Mr Allen told the court he'd received the police statement of facts, the accused's antecedents and a submission on bail from the accused's solicitor Leigh Haywood on Monday, but the matter had been adjourned until Friday.

Director of Public Prosecutions solicitor John Walford said the crown opposed the accused's release because of the serious nature of the charge and the fact it involved a young child.

He added that the crown relied on the facts of the matter which now suggested the accused's version of events leading to the child's death did not sit with medical evidence.

While conceding the accused did not have a lengthy record, Mr Walford said it did show a pattern on him contravening court orders in relation to driving and dishonesty matters, which he said posed an unacceptable risk.

"It shows a person who will and does contravene court orders," Mr Walford said

But Ms Haywood argued the proposed bail conditions put forward in her submissions more than adequately addressed any risk.

Mr Allen then referred to the police statement of facts that between April 1 and 2, 2014 at Mandurama, the child received a serious head injury.

He said the police facts disclose on April 1 the defendant left Bathurst Base Hospital (where the baby's mother was a patient) and drove home to Mandurama.

At 11am on April 2, the defendant arrived at the emergency department at Blayney Hospital and raised the alarm.

Nursing staff, who saw the child was clearly seriously ill, assisted the accused and took the baby into a treatment room where, along with other medical staff, they performed extensive treatment including breathing assistance, CPR and the administration of medication.

The treatment continued long enough to allow the child's mother to be brought to the hospital but the baby was declared deceased at 12.40pm.

Police were called and the accused told them the baby had been hurt in a fall from a trampoline.

He said the night prior he had fed the baby, bathed her and watched television.

He told police he administered pain relief to the child at midnight because she was suffering discomfort from teething and put her back to bed.

The next day, the accused told police, he had placed the child on the trampoline as he was hanging out washing.

He said he saw the baby crawl to the edge of the trampoline and he yelled at her to stop, but she fell and hit her head on concrete.

The accused said he tried to calm the child but noticed her breathing was short and sharp.

He dressed her and took her to Blayney Hospital.

But, according to police facts, a post mortem examination and subsequent report from a forensic pathologist indicated the baby suffered a complex set of injuries which were not explained by a fall from a trampoline.

Mr Allen ordered the balance of the brief to be served by August 25, with the matter adjourned until September 8.