Delay frustration in manslaughter case
A DETAILED explanation will be needed for any further hold-ups in the manslaughter case against a Kelso father over the death of his young daughter in a stormwater drain.
A three-year-old girl drowned in a swollen stormwater drain at Kelso on December 4, 2021, after she wandered away from her house while her 28-year-old father was allegedly sleeping.
The father, who cannot be named yet for legal reasons, was charged with manslaughter ( DV offence), endangering children by exposure (DV offence), fraud, driving under the influence of liquor, trafficking dangerous drugs and five counts of supplying dangerous drugs.
When the man’s case was mentioned in Townsville Magistrates Court on Tuesday, defence lawyer Kevin Amantea pointedly observed that the matter had “a bit of antiquity to it”.
“We’re fast approaching 12 months and we’ve still not received full briefs of evidence for both sets of charges,” Mr Amantea said.
“We’re still waiting on a number of items.”
For the brief relating to the manslaughter charge, police prosecutor Mark Fenlon said they were waiting on the pathologist’s report, which had been held up by the toxicology results.
With those results now available, the pathologist had asked for more time “to complete the report and to allow for peer-review before being available”.
No time estimate was provided by the pathologist.
Regarding the drug charges brief, Mr Fenlon said it was being held up by a fingerprint expert issue.
It was related to the presence of “latent fingerprints located on clip seal bags in a jar containing cannabis in the
defendant’s dwelling”.
He offered Mr Amantea a partial brief of the evidence.
Magistrate Richard Lehmann said if there were any further delays for reports or statements, he wanted an explanation why, along with an estimated time when they would be ready.
The father’s matter will return to court on December 20.
The child’s mother, who also cannot be named, had her drug matters heard in the same court.
She is facing a number of drug related charges including 24 counts of supplying dangerous drugs, two of trafficking dangerous drugs, and two of possessing property suspected to be used in connection with a drug offence.
She was also charged with buying or possessing S4 or S8 medicines or hazardous poisons, possessing dangerous drugs, possessing utensils that have been used, possessing anything used in the commission of a crime and failing to give a statutory declaration.
The court heard how she was in the process of changing her legal representation.
This was expected to be resolved when the matter was returned to court on December 1.