Townsville Bulletin

BAXTER DENIES HARMING BABY

- LUCY SMITH lucy.smith@news.com.au

SIX years to the day since his six- week- old son Matthew was taken to hospital, Nicholas Baxter took the stand and denied shaking, striking or harming him.

Mr Baxter, 37, has pleaded not guilty to murder and yesterday testified during the third week of his Townsville Supreme Court trial.

Mr Baxter said his wife Tenae, 31, attended a boat licence course on November 3, 2011, leaving him at home with Matthew. He said he heard a cry on the baby monitor about 1.30pm and went to check on his son.

“I did the head- to- toe check on Matthew and he seemed tired, but he’d resettled, he looked pale,” he said.

Mr Baxter said he took his son out of the bassinet and noticed a small, light- purple rash near his shoulder blades.

“He felt unexplaina­bly, just different. Tired, limp,” he said.

Mr Baxter said he gave Matthew drops, mixed up baby formula, then Matthew burped and fell asleep in the crook of his arm.

“His appearance was more pale than what he normally was ... ( he felt) heavier than normal,” he said.

Mr Baxter said he phoned Bluewater Medical Practice, then took Matthew to the shower, hoping to get a “cold water response”. He said the medical receptioni­st returned his call and recommende­d he call 000, which he did.

“He was breathing shallowly ... Matthew’s rise and fall of his chest was becoming less and less,” Mr Baxter said.

Defence barrister Lincoln Crowley asked whether Mr Baxter shook, struck or killed his son. He replied “no” to each question.

Mr Baxter said he met his wife when they were deployed in Afghanista­n in 2009.

“We became friends. We were looking at pursuing a relationsh­ip after the first month and we both made it quite clear that we did not want to be accused of fraternisi­ng while we were in Afghanista­n,” he said.

“We concluded that, if we can, we would pursue the relationsh­ip when we returned to Australia.”

Mr Baxter said the pair had a long- distance relationsh­ip for several months, with Ms Baxter living in Western Australia. The couple married in December 2010 and Ms Baxter moved to Townsville the following month.

A short time later, she discovered she was pregnant.

“( I was) over the moon, over the moon, very happy,” Mr Baxter said.

He said he cooked meals and read parenting books during his wife’s pregnancy and took long- service leave when Matthew was born.

“I tried to do as many nappy changes as I could. I wouldn’t ask Tenae to do them if I didn’t want to,” he said.

Mr Baxter detailed his 18year army career, saying he rose to the rank of corporal as a helicopter mechanic and was honourably discharged in April this year. He is now self- employed as a landscape gardener and lawnmower.

Mr Baxter will continue giving evidence on Monday, November 6 – the sixth anniversar­y of Matthew’s life support being switched off.

 ?? Picture: ZAK SIMMONDS ?? GIVING EVIDENCE: Accused murderer Nicholas Baxter leaves Townsville Supreme Court yesterday after taking the stand at his trial.
Picture: ZAK SIMMONDS GIVING EVIDENCE: Accused murderer Nicholas Baxter leaves Townsville Supreme Court yesterday after taking the stand at his trial.
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