Grandma denies she murdered toddler, 2

A grandmother admits she killed her 2-year-old grandson, who died from severe head injuries, but denies she is guilty of murder, a court has heard.

Kathleen Elizabeth Cooper, 65, is on trial before a jury and Justice Sarah Katz in the High Court at Auckland.

Cooper is alleged to have murdered Jermaine Mason Ngawhau at her Clendon Park flat.

Her lawyer, Paul Dacre QC, said his client was responsible for killing a child, but was not guilty of murder.

Crown prosecutor Aaron Perkins, QC, told the jury that Cooper, who earlier pleaded not guilty, assaulted Jermaine on December 13, 2015. On arrival, paramedics had determined the toddler needed immediate surgery.

“He had a severe head injury, emergency surgery was performed at Starship [Hospital], but there was no hope, the injuries were too severe.”

Jermaine died on December 18, 2015, when his life support was switched off.

His brain had been severely swollen, with bleeding on or around its surface.

Perkins said an expert medical witness would suggest the injuries were more commonly associated

My heart really goes out to the families and also to the people first on the scene. They have no training in anything like that. Michael Feyen, Levin mayor Emergency surgery was performed at Starship, but there was no hope. Prosecutor Aaron Perkins QC

with high-speed vehicle accidents.

Cooper had been caring for her daughter’s four children at the time. All were pre-school age.

Perkins said witnesses would speak of the way Cooper would discipline the children, with allegations of smacking, constant yelling and slamming doors. There would also be evidence that Cooper appeared kindhearted towards the children.

“What was seen externally by people wasn’t necessarily a reflection of what was going on behind closed doors at home.”

Staff at a day-care centre that helped look after the children would testify they noted “quite regular and sometimes quite significant bruising on the children”.

Perkins said it was Cooper’s “overall attitude” towards Jermaine that was important.

“You will hear that Jermaine had some significant developmental issues,” he said.

Cooper had said Jermaine’s difficulties were “down to the fact that he was lazy”.

“The defendant would be very angry if there were any toileting accidents.”

Perkins said Cooper also showed signs of smoking methamphetamine at her home.

She had blamed the death on her then 4-year-old granddaughter, whom she claimed hit the 2-year-old with a computer tablet.

In his opening statement, defence counsel Paul Dacre, QC, said he accepted his client was responsible for killing a child.

“Mrs Cooper accepts that she caused the death and that the death was caused by an assault.”

But, he said, while Cooper accepted she was guilty of manslaughter, she had shown no murderous intent and was therefore not guilty of murder.

“You’ve got to look at the circumstances and look at what was going through her mind.”

He said the burden was on the Crown to prove Cooper knew her actions were likely to cause death.

The trial is expected to last about two weeks.