Ice baby trial will hear key evidence
FIVE key witnesses are expected to give evidence about two vital days leading up to the tragic death of a Cairns toddler who allegedly ingested a lethal quantity of the drug ice.
Makavelii Leoni was just 13months-old when he was pronounced dead in Cairns Hospital in September 2018.
His mother Lina Daley, 22, has been charged with both his manslaughter and torture.
Her case returned to the Cairns Magistrates Court on Tuesday, with her legal team arguing to be allowed to crossexamine five witnesses during the committal process, two of which police have opposed.
Medical evidence showed “Maka” had 43 injuries to his body, but it was a lethal dose of methylamphetamine which was ruled the cause of death.
The court has previously heard that Ms Daley, who is currently remanded in custody, was witnessed smoking ice and breastfeeding the infant while trafficking cannabis and methamphetamine.
The toddler allegedly suffered “prolonged” and “systemic exposure” to the drug through her breast milk, but it was unclear how he ingested the final fatal dose where a blood toxicity report showed he had 0.7mg/kg in his system — enough to kill an adult.
Police prosecutor Megan Howard said it would be alleged the key window of time when the injuries occurred was between Sunday night and Monday morning prior to the baby being found unconscious at his White Rock house.
She said two of the witnesses who the defence wished to cross-examine were “by and large” not at the house during that period, so their evidence would not be relevant.
But Magistrate Trevor Priestly said the timeline would likely “expand” based on forensic evidence about the age of the boy’s bruises.
“It seems to me on the reading of the material … the starting point is going to be medical evidence in relation to the window of opportunity,” he said.
He ruled, in the “interest of justice”, for all five witnesses to be available to give evidence.
The case was adjourned until September 1 when a committal date is likely to be set.
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