Medical experts voice their opinions in Whangārei infant manslaughter trial

Warning: This article discusses potentially disturbing medical evidence regarding children.

Two medical experts said the explanation the father gave to police made it unlikely, but not impossible, that a traumatic brain injury caused the 5-week-old infant’s death.

“It’s important to recognize that we have healthy infants who die almost immediately. This is a fatal injury,” the neuropathologist said in a case of negligence being heard in the High Court in Whangārei. told the jury in the fatal case.

Sergeant Rawiri, 20, is on trial for manslaughter following the death of his son, Sergeant O’Shea Tuhoe, on November 19, 2021.

Emergency services were called to an address in Ruakaka where the then 18-year-old Sergeant and his partner Jazmyn Tucker were living with the newborn and the Sergeant’s parents.

The Crown alleges that the sergeant smoked cannabis three times on the night of November 18 and early morning of November 19, which contributed to his inability to care for O’Shea.

The court heard that at around 4am, the sergeant was burping his son on his lap when his son’s head jerked back and forward and when he fell forward, the sergeant’s knees came up. , which reportedly connected with the left side of O’Shea’s head.

He put him back in the bed next to him, and when Ms. Tucker checked on them at 6 a.m., they were both asleep and she didn’t notice anything unusual.

According to the Royal Family Papers, the sergeant prepared a baby bottle and tried to feed O’Shea around 9am, but the son wouldn’t grab the bottle and the sergeant was unresponsive because his limbs were limp. He said he noticed this.

Holding Mr O’Shea at chest level, the sergeant is said to have dropped the baby to the floor. He checked the baby’s heartbeat, noticed blood coming from his nose, and began CPR.

It is suspected that he poured water on the baby’s face, wiped his nose, and then dropped it again from chest height.

Several witnesses gave evidence this week, including Mr Tucker, two midwives and paramedics who were first on the scene.

On Thursday, Auckland Local Health Board forensic pathologist Charles Glenn gave evidence about the autopsy carried out two days after the child’s death.

Glenn said that the first visual of O’Shea that left an impression on him was an 8cm x 5cm bruise on the left side of his forehead, a small bruise on his upper left eyelid, and a broken collarbone.

Glenn said the small bruises could be related to the impact of the larger bruises, but the red marks along the left side of the neck and shoulder could be from another impact.

“Both can happen if you fall onto an uneven surface. Two separate events can occur, and in my experience they are more likely, but they can occur from one event. That’s a possibility,” Glenn said.

Glenn confirmed that O’Shea had suffered a subdural hemorrhage, subarachnoid hemorrhage, brain swelling and optic nerve hemorrhage.

“Does our analysis of his description of the baby being on his lap and leaning forward lead us to this type of injury?” prosecutor Geraldine Kelly asked.

Glenn said, “I never expected that the act of a child moving his head forward and down under his own weight would cause such a brain injury. That level of force can cause a traumatic brain injury.” I don’t think it’s possible. There are probably more forces involved.”

When I asked him if his knee could come up and make contact with the child’s head and cause injury, he replied, “That’s right.”

“If you get into a situation where your knees go up and your hands go down, that can be enough force to cause these injuries,” Glenn says.

Mr Glenn said the right clavicle fracture may have occurred when pressure was applied to the left side of the body, given there was no associated bruising next to the fracture.

Neuropathologist Professor Colin Smith examined evidence from the UK after looking at photographs and studying samples of brain tissue and confirming in a report that Ms O’Shea had suffered a subdural haemorrhage in her brain and spinal cord. presented.

Mr Smith said he was given three possible scenarios for the brain injury. One was that someone rolled on top of O’Shea while he was sleeping. he was dropped. Or leaning forward towards his knees.

Smith said these explanations could not have caused this injury.

“It’s important to realize that we have healthy infants who die almost immediately. This is a fatal injury,” Smith said.

“I don’t see such a catastrophic injury being sustained in that situation. It would have required a very powerful blow, not just an accidental bump to the knee.

“There is nothing to suggest the type of scenario where a relatively low level of force causes this catastrophic injury, so I rule it out as a possible cause,” Mr Smith said, giving evidence to the Crown. told.

During cross-examination, Ms. Smith told Mr. Fairley that this was the first time she had heard of a scenario in which the baby’s knees would come up and connect with the baby’s head as it descended, and agreed that that possibility could not be ruled out.

“Sure, you can hit someone in the head with your knee, but if you’re sitting on a caregiver’s lap and your knee goes up, I don’t think that’s enough force.” I’m having a hard time.

“I don’t know if this scenario could cause that. My sense is that it’s unlikely, but I can’t say for sure,” Smith concluded.

The trial, being heard by Judge Christine Gordon and a jury of five men and seven women, was adjourned until Monday.

Shannon Pitman is a reporter for Open Justice based in Whangārei, covering courts in the Te Tai Tokerau region. She is a descendant of Ngapuhi/Gati Pukenga and has been working in digital media for the past five years. She joined NZME in 2023.