Lee de­nies mak­ing up sto­ries about fall

The Peterborough Evening Telegraph - - UK & World Update - By STEPHEN BRIGGS stephen.briggs@pe­ter­bor­oughto­day.co.uk @Et­stephenb

THE man ac­cused of mur­der­ing Tyler Whe­lan has told a court he did not make up a story in a bid to ac­count for the boy’s fa­tal in­juries.

Elvis Lee spent a sec­ond day in the stand giv­ing ev­i­dence dur­ing the trial at Cam­bridge Crown Court yes­ter­day.

Un­der cross-ex­am­i­na­tion by pros­e­cu­tor Christopher Don­nel­lan QC, he was ac­cused of in­vent­ing a story claim­ing that Tyler had fallen from the kitchen work sur­face on to the floor on March 7 last year in a bid to ac­count for the five-year-old’s in­juries.

Lee (34), of Crab­tree, Pas­ton, has ad­mit­ted to the man­slaugh­ter of Tyler.

How­ever, he has pleaded not guilty to mur­der and two counts of cru­elty to a child.

Tyler’s mother, Stephanie Whe­lan (27), who lived at Sheep­walk, Pas­ton, at the time of the in­ci­dent, de­nies caus­ing or al­low­ing the death of a child and two counts of cru­elty to a child.

Lee has told the jury that he and Whe­lan, who were a cou­ple at the time of the in­ci­dent, had been wo­ken at 6am on March 7 by a noise down­stairs.

He said when they went to in­ves­ti­gate they had found Tyler ly­ing on the ground next to the break­fast bar in the kitchen with a bleed­ing nose.

While Mr Don­nel­lan ques­tioned this Lee stood by his ac­count of events.

Mr Don­nel­lan said: “This idea that he fell off the work sur­face – whose idea was it to say that?”

Lee re­sponded: “It wasn’t an idea. It is fact that it hap­pened.”

Mr Don­nel­lan said; “But you did not see it hap­pen.”

Lee replied: “The proof is in the pud­ding. Tyler told us it hap­pened.”

Mr Don­nel­lan said: “It is just a story you have been ped­dling.”

But Lee said: “I un­der­stand why you are say­ing I am a liar be­cause I lied about the death of Tyler Whe­lan.

“But Stephanie also said he fell off the edge. You can’t call her a liar.”

Mr Don­nel­lan said: “Was it you that hit him caus­ing in­juries to his nose?”

Lee said: “I couldn’t have. I was in bed asleep.”

Lee ad­mit­ted he kicked and bit Tyler af­ter he had hid­den be­hind a chair when he called for him later that morn­ing.

Mr Don­nel­lan said the only rea­son Tyler had hid­den away from Lee was be­cause he was “fright­ened” of him.

But Lee de­nied that Tyler had any cause to be fright­ened of him.

He said: “No. He had never had a rea­son to be fright­ened of me.

“He’s hid from his mum be­fore, that doesn’t mean he was fright­ened of her.”

Mr Don­nel­lan said: “When you kicked him how far did he fly across the room?”

Lee said: “I am not one hun­dred per cent sure as he was try­ing to get away. I sup­pose a cou­ple of feet. “I am not sure he left the floor.” He ad­mit­ted that he was “moody” on the morn­ing he kicked Tyler but peo­ple knew that he could be moody when he was wo­ken up un­ex­pect­edly.

Lee told the jury that later dur­ing the morn­ing af­ter he kicked Tyler, the boy came to see him and Whe­lan in their be­d­room gasp­ing and com­plain­ing that his stom­ach hurt.

He said they checked his stom­ach but he did not think he was re­spon­si­ble for the mark that they saw on his belly.

Lee said: “No, I didn’t think I was re­spon­si­ble.

“I was kicked and punched at that age and never had such an in­jury. I was kicked and punched by my dad.”

Lee also said he had been shocked when he read a med­i­cal re­port which re­vealed that Tyler had not eaten any break­fast on March 7.

He said that Tyler had asked for a bowl of ce­real – a com­bi­na­tion of Shreddies and Corn­flakes – af­ter he had kicked him and he said he and Whe­lan had thought he had eaten half of the bowl.

How­ever, the post-mortem re­port car­ried out by the pathol­o­gist showed there were no traces of ce­real found when his body was an­a­lysed af­ter his death.

The court also heard about how Lee had bruised Stephanie Whe­lan’s face af­ter he kicked her while she was down on the floor dur­ing a row.

Lee had said dur­ing his first day in the stand on Tues­day how he had been tak­ing part in an In­te­grated Do­mes­tic Abuse Pro­gramme to help con­trol his tem­per.

But on Jan­uary 21, 2011, weeks be­fore Tyler died, Stephanie Whe­lan and he had a row where Whe­lan had punched him but ended up on the floor.

Lee said that while she was on the floor he kicked out at her face.

He made con­tact with her left eye and caused a bruise which was later ex­am­ined at the hospi­tal.

The trial con­tin­ues.

From left to right, Tyler Whe­lan, Elvis Lee and Stephanie Whe­lan.

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