
A prominent sportsperson accused of causing multiple rib fractures to an infant is on trial in the High Court at Dunedin.
His defence, however, claims that he has done nothing wrong and raises other possibilities as to the cause of the injuries.
The defendant, who has interim name suppression, faces two charges: injuring with reckless disregard and an assault allegation, stemming from a single alleged incident on July 16, 2023.
He has pleaded not guilty to both charges.
The trial before Justice Robert Osborne and a jury of 12 is expected to last up to three weeks.
Crown prosecutor Richard Smith in an opening address this morning told the jury it was the Crown鈥檚 contention that the defendant assaulted the infant by squeezing or 鈥渁pplying some sort of crushing force鈥 to its torso, resulting in 13 rib fractures.
He said it was not the Crown case the defendant intentionally inflicted those injuries, rather that he deliberately applied force, and in doing so recklessly caused an injury.
鈥淩eckless essentially means to take a reasonable risk. To recognise that your actions could cause harm and to proceed anyway,鈥 Smith said.
The Crown alleged that on the day of the incident, the mother left home early in the morning while the baby was asleep, leaving it with the defendant, though it woke shortly after.
The defendant tried to settle the infant, including unsuccessfully by bottle feeding, Smith said.
Later that morning, the mother phoned the defendant, who told her he was unable to settle the infant.
When the mother returned home, she found the baby crying in his bassinet and the defendant elsewhere.
Days later, the infant was sent to the Emergency Department for a suspected fracture.
鈥淯ltimately, at least a dozen rib fractures were observed,鈥 Smith said.
The Crown alleged that while in his care, the defendant lost his patience and squeezed the infant with enough force to cause those injuries.
Defence counsel Anne Stevens KC told the jury that despite intensive police investigation, including three interviews of the defendant, which he voluntarily participated in, police surveillance of phone calls, and interviews with his friends and others, there was no evidence of wrongdoing.
Stevens said the Crown allegation stemmed from a radiologist鈥檚 diagnosis of multiple fractures, but that fractures in an infant were not diagnostic of abuse.
The lawyer said there were several other possibilities as to the cause of the fractures, including the infant鈥檚 severe vitamin D deficiency.
She said genetic testing could not rule out the underlying possibility of a soft-bone-density disorder, and that not a great deal of force would be required to cause the observed injuries.
The Crown said over the coming days, jurors would hear from a number of witnesses, including the infant鈥檚 mother, friends, family, neighbours, medical experts, and police officers.
The trial continues.
Ben Tomsett is a multimedia journalist based in Dunedin. He joined the Herald in 2023.
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