Lawyer queries cause of death
Case of baby boy left in hot car takes another twist
The lawyer of a grandmother on trial for the manslaughter of her infant grandson has pointed to asphyxiation, not heatstroke, as the cause of death.
Isaiah Neil died after he was left in a hot car for several hours in November 2015, but in the High Court at Hamilton yesterday lawyer Susan Gray questioned whether Isaiah was in bed with his parents before emergency services were called.
The 8-month-old baby’s parents Shane Neil and Lacey Te Whetu have previously pleaded guilty to manslaughter, but Te Whetu’s mother Donna Catherine Parangi — who was heavily involved in the care of her grandchildren — pleaded not guilty.
On the day Isaiah died Te Whetu, Parangi and Neil all smoked synthetic cannabis at the Ru¯a¯toki home they shared with extended family members.
Isaiah, who had been sick with bronchitis, snuffly and not sleeping well, was left asleep in his car seat while the trio slept inside after getting stoned on a “powerful batch” of the drug.
When Neil awoke he retrieved Isaiah from the car and testified earlier this week the baby was hot, limp and lifeless.
Te Whetu testified that she woke up about 3.30pm when Neil handed her the infant, and tried to give Isaiah a bottle in bed at the same time Neil returned to the bed.
“He just felt like any other kid felt when they’re in a deep sleep,” Te Whetu told the court.
Gray questioned whether Te Whetu was worried but the 29-yearold said she wasn’t concerned by the baby’s condition.
Te Whetu told the jury of eight men and four women that Isaiah was only in the bed with her and Neil for a few minutes.
When Isaiah wouldn’t take the bottle she put him in his cot. At 6.30pm Te Whetu woke up again and went into a full panic when she couldn’t rouse the baby.
Gray questioned what blankets were in the cot to which Te Whetu replied quilts and another big blanket.
Gray also asked whether Isaiah’s older, preschool-aged brother had climbed into the cot but Te Whetu said he had never done that before.
When Te Whetu discovered Isaiah lifeless in the cot she rang 111 but Neil was so sleepy he could not relay the CPR instructions to Te Whetu.
She screamed at him to “f**ken wake up” but he did not.
Gray questioned whether Isaiah might have been injured at some point that day, when a large bruise and abrasion was found on the baby’s abdomen.
Te Whetu admitted she had not noticed any bruising that morning when she dressed the little boy and only noticed it when paramedics arrived that night.
“So something happened to Isaiah that afternoon,” Gray asked.
Te Whetu: “I’m not sure if I just didn’t see it because I wasn’t looking.”
Gray: “The bruising on the tummy is pretty big though isn’t it?”
Crown prosecutor Richard Marchant pointed out Te Whetu had contradicted the original statement she gave police, in her evidence on Tuesday. In her police statement Te Whetu said Isaiah was seated behind her in the back seat but in court she said the baby was on the passenger side of the rear seat.
The trial is set down for three weeks.