Theory of baby death ‘ a fantasy’

DEFENCE barrister Lincoln Crowley has told a court the idea Nicholas Baxter shook or struck his son to death was “pure fantasy”.

Ex- soldier Baxter, 37, was home with six- week- old Matthew on November 3, 2011 – it was the day the baby collapsed and was taken to the Townsville Hospital neonatal intensive care unit.

Matthew’s life support was switched off three days later, and his father is facing a murder trial.

Mr Crowley made his closing arguments in Townsville Supreme Court yesterday, following four weeks of prosecution and defence witnesses.

He said the prosecution had come up with a “theory” to explain Matthew’s brain swelling and bleeding and retinal haemorrhages.

“The medical findings are one thing, but the theory that’s said to support it is something which is pure fantasy in this case,” he said. “Nicholas Baxter did not murder his own boy. He did not kill him. He did not harm him.”

Mr Crowley said Matthew’s treating doctors, who told the court they suspected inflicted trauma, relied on an unscientific “assumption of abuse”.