Defence team tried to have evidence excluded from trial

NICHOLAS Baxter’s lawyers tried to have evidence about baby Matthew’s rib fractures excluded from his murder trial.

Matthew died with two distinct sets of healing rib fractures, which Crown prosecutor Nathan Crane used as evidence of Baxter’s escalating abuse.

Radiologist Dr Anthony Lamont estimated that the two fractures to Matthew’s back ribs were three weeks old and the 15 fractures to his front were seven to 10 days old.

In a hearing held before Baxter’s trial began, defence barrister Lincoln Crowley argued that evidence should not be aired. He said linking the X- ray findings to Baxter involved an “extended chain of inferential reasoning”.

“The Crown wants to introduce other evidence of other occasions, where it says there were injuries occasioned deliberately by Mr Baxter to his son,” he said.

“Once that is put into the mix, that is going to so taint the exercise that the jury won’t be able to put that out of their mind. The evidence is so strongly prejudicial in an unfair way.”

Justice David North dismissed the application. Under Queensland legis- lation, the Townsville Bulletin was not allowed to report on the pre- trial application until the trial ended.

Dr Lamont testified the threeweek- old fractures were most likely caused by squeezing. A punch may have caused the 15 front- rib fractures.

“The degree of force would be way above what you would normally handle a child with. More than general play of a child,” he said.