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Toddler death murder trial: Multiple jurors weep as Tyson Brown convicted of killing 2yo Arapera Fia

Author
Craig Kapitan,
Publish Date
Tue, 21 Mar 2023, 3:27pm

Toddler death murder trial: Multiple jurors weep as Tyson Brown convicted of killing 2yo Arapera Fia

Author
Craig Kapitan,
Publish Date
Tue, 21 Mar 2023, 3:27pm

Multiple jurors wept today as an Auckland man was found guilty of beating to death a two-year-old girl who was found by paramedics not breathing, covered from head-to-toe in bruises and with too many head injuries to count.

Tyson Brown, 22, was charged with murder two weeks after toddler Arapera Moana Aroha Fia was rushed to Starship Hospital from her Weymouth home on the evening of October 31, 2021. She was unresponsive upon arrival and pronounced dead hours later, just after midnight the next day.

Brown had been in an on-again-off-again relationship with the child鈥檚 primary caregiver, who continues to have name suppression as she awaits her own sentencing for manslaughter.

Multiple members of the child鈥檚 extended family were in the High Court at Auckland today as the jury foreperson announced the group鈥檚 verdict following two-and-a-half hours of deliberations. The child鈥檚 biological father, who sat silently in the gallery for much of Brown鈥檚 trial, held his head down into his lap as a supporter put her hand on his knee.

Justice David Johnstone, who oversaw the two-week trial, set a sentencing date for May.

Tyson Brown was charged with murder after the 2021 death of two-year-old Arapera Fia. Photo / Supplied

Tyson Brown was charged with murder after the 2021 death of two-year-old Arapera Fia. Photo / Supplied

Brown declined to testify during the trial but his lawyers insisted that it was the child鈥檚 primary caregiver who 鈥渟napped鈥 amid the stress of Auckland鈥檚 2021 Covid-19 lockdown, inflicting the fatal head injuries within minutes of learning she had tested positive for the virus.

At the very least, lawyer Lester Cordwell argued, jurors should be unable to definitively say that it wasn鈥檛 the woman. The inverse of that, he said, is the group can鈥檛 find beyond a reasonable double that Brown did it.

The woman鈥檚 guilty plea, however, was for failing in her duty to protect the child - not for directly inflicting the injuries.

During three days in the witness box, the woman repeatedly insisted that it wasn鈥檛 her who injured the child. On the same morning as the child鈥檚 death, as she and Brown were sent to the same MIQ room, she said the defendant told her that he had shaken Arapera out of frustration prior to paramedics arriving.

It is incredibly rare for a child over the age of 2 to die as the result of being shaken, Cordwell noted during his closing address last week.

Tyson Brown appears in the High Court at Auckland at the start of his murder trial. He is accused of having fatally beaten 2-year-old Arapera Fia in her Weymouth, South Auckland home. Photo / Jason OxenhamTyson Brown appears in the High Court at Auckland at the start of his murder trial. He is accused of having fatally beaten 2-year-old Arapera Fia in her Weymouth, South Auckland home. Photo / Jason Oxenham

Put prosecutor Luke Radich characterised the alleged admission as a partial confession - an inadequate explanation of the child鈥檚 injuries intended by Brown to win the caregiver鈥檚 confidence without admitting the full extent of his violence against the child.

Radich also pointed to testimony from a former friend of Brown鈥檚 who described a conversation a month prior to Arapera鈥檚 death in which he recalled the defendant demonstrating a forceful MMA-style kick while bragging about how he disciplined the child.

A neighbour recalled often hearing a male yelling at a child at the South Auckland property and a couple who lived in a sleepout on the same property as Arapera both testified that they also would hear Brown yelling accompanied by banging noises and the child crying. On the day of Arapera鈥檚 death, the couple referred to Brown鈥檚 banging repeatedly in text messages.

Prosecutors also noted Brown鈥檚 Google searches in the hours leading up to paramedics鈥 arrival, including 鈥渉ow to wake someone up from being knocked out鈥, 鈥渉ow to wake up a baby after being knocked out鈥 and 鈥渉ow to wake up a baby after being choked鈥.

But the defence characterised Brown as a talker with a loud voice that could be misinterpreted as yelling.

The MMA kicks could have been a joke and Brown鈥檚 Google searches, Cordwell argued, could have been influenced by the child鈥檚 caregiver.

He noted an incident at a Covid testing station just days before Arapera鈥檚 death in which a healthcare worker described the caregiver throwing the toddler into the back seat like a rugby ball and driving off without fastening her car seat restraints. It shows she had a capacity for violence and losing her temper, he argued.

Prosecutors acknowledged the woman was not very likeable and that her testimony appeared to minimise her role as an inattentive, non-empathetic caregiver. But even setting all of her testimony aside, there is enough evidence from other witnesses to find Brown guilty of murder, they said.

The woman is set to be sentenced for her manslaughter charge at the same time as Brown鈥檚 sentencing for murder.

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