Dad who killed baby daughter had no desire to harm her, defence says
A father who killed his 3-month-old daughter shook his head in disagreement as a jury was told he should be convicted for murder.
Michael John Topp’s daughter, who can be referred to only as baby H, was rushed to Christchurch Hospital shortly before midday on New Year’s Eve 2021 with serious injuries. She died two days later.
Topp, who has been on trial in the High Court at Christchurch, accepts he is guilty of manslaughter by shaking the child, but denies murder.
Over the three short months of baby H’s life, Topp was angry, frustrated and overwhelmed, which he took out on the most vulnerable member of his household, Crown prosecutor Deirdre Elsmore told the jury in her closing address on Friday.
“He was irritated by nothing more than ordinary infant behaviour.”
Topp twisted, pulled, squeezed and shook his daughter, Elsmore said.
More than once, he squeezed her midriff and shook her so violently that he caused bleeds in her brain, the prosecutor added.
“The final shake was so violent it killed her. And now he stands before you, asking you to accept that he didn’t know that no matter how hard he squeezed her, how violently he shook her, that it was likely to kill her.”
The child’s other, older injuries – including multiple fractures to the legs and ribs, which Topp denied causing – bore a remarkable resemblance to the ones he admitted causing on the day she died, Elsmore said.
“To suggest to you that he didn’t understand that violently shaking her could cause her death, is as implausible as the first time he said that she choked on her bottle.
“He knew.
‘‘That’s why he did it in secret, and that’s why he didn’t admit it to his partner.”
Topp could be seen shaking his head at times as the prosecutor closed the Crown’s case.
Out of sight, Topp assaulted his child on at least two occasions that didn’t include the final, fatal act, Elsmore said.
A father of three, he knew to never shake a baby, and he knew doing so was likely to cause her death. But he did so anyway, she said.
“He shook, he shook and he carried on shaking. The Crown asks you to hold him to account for that.”
Topp’s lawyer, Philip Shamy, said it had been a disturbing trial. It involved the taking of a baby’s life and allegations that she was badly injured on other occasions.
He reminded the jury his client was not on trial for being selfish.
“The only reason that could ever be emphasised is to undermine him. To paint him as a bad person.
‘‘That is irrelevant.
‘‘Your decision is based on the evidence.”
Shamy said there was no evidence Topp harmed his child prior to the day she died.
“What he could’ve done, or might’ve done, is not evidence.
‘‘This case is too serious to guess. “I’m not looking for sympathy for Mr Topp, no no no. Mr Topp killed his daughter. He killed her.
‘‘That is not disputed. It’s whether he murdered her, that’s the question.”
The defence had not accused anyone else of inflicting baby H’s injuries because they did not have to prove anything, Shamy said.
He asked the jury to be careful of emotion and speculation.
“They are the enemies of a fair trial. More so in this trial because it is the death of a little baby.
No-one is immune from that. You’d have to be less than human to not feel something.
“Perhaps it is anger towards Mr Topp for admitting what he’s done.
‘‘All of that must be put out of your mind.”
Topp lied about the baby choking on her milk because he was frightened, Shamy said.
About an hour before the ambulance was called, Topp had taken a video of Baby H appearing happy and alert, smiling back at his playful cues.
The video was replayed to the jury during Shamy’s address.
“That is not a man who has animosity, that doesn’t adore his daughter, that has any desire to harm.”
The child died as a result of blunt force trauma to the head.
An autopsy found she had also suffered 31 fractures to both legs and her ribs.
Topp faces charges of murder, causing grievous bodily harm with intent to cause grievous bodily harm, and two counts of causing grievous bodily harm with intent to injure.
Justice Anne Hinton will sum the case up today before the jury retires to deliberate.