Daily Mirror (Northern Ireland)
I CERTAINLY DID NOT KILL KAYDEN
Accused denies the manslaughter of boy, 3, after murder charge dropped
A MAN on trial over the death of a three-year-old boy insisted: “I certainly didn’t kill Kayden Mcguinness.”
A murder charge against Liam Whoriskey was dropped yesterday at Derry Crown Court.
At the start of proceedings Judge Philip Babington asked that an amended count of manslaughter be put to the 25-year-old.
When Whoriskey was charged that between September 16 and September 17, 2017, he unlawfully killed Kayden, he replied: “Not guilty.”
The child was found dead at his home in the Bogside area of Derry.
The trial then continued with the accused taking the witness box to testify on his own behalf.
Under questioning by Ciaran Mallon QC, Whoriskey agreed he had been interviewed on numerous occasions following the child’s death and had provided details of his movements on the dates in question.
After being asked why he had given no comment answers on some occasions, he said it was because he had already answered similar questions.
Whoriskey added: “I never assaulted Kayden Mcguinness and I certainly didn’t kill Kayden Mcguinness.”
Under cross-examination by prosecuting QC Peter Irvine, the accused denied there were bruises on the child when he went to bed.
When asked if he didn’t cause the bruising who did, he responded: “I don’t know.”
Mr Irvine put it to Whoriskey he had not seen any bruises when the mother had left the house and he agreed.
Then he was asked: “Where in heaven’s name did these bruises come from?” Whoriskey replied: “I can only account for what I did.”
In reference to a witness who had testified as to Whoriskey’s attitude towards the child in a shop earlier in the day, Mr Irvine said he had described “vile and disgusting behaviour”. Whoriskey replied: “I fully disagree with that. I never spoke to a child in the way he described.”
Whoriskey was asked how did he deal with Kayden once he threw a tantrum and responded: “I spoke to him.”
The accused also denied shouting into the child’s face in the way his former partner had described.
He was asked had he checked on Kayden after he had gone to bed and he replied: “Erin always said that once
DERRY CROWN COURT YESTERDAY
he was asleep he was asleep and I had no occasion to go into Kayden’s room.”
The defendant added when he went into the child’s room because he had not got up at the usual time he did not notice any bruises until he was performing CPR.
AGGRESSIVE
Mr Irvine put it to Whoriskey he was “becoming more and more annoyed with his behaviour and you were becoming more and more aggressive”. The defendant disagreed.
It was also put to Whoriskey the child went to bed at 6.30pm on the Saturday with no bruises but “was covered in bruises” the next morning.
He answered: “I certainly did not do anything you suggested.”
Mr Irvine concluded: “It was you wasn’t it?”
Whoriskey replied: “I am telling you it wasn’t.”
The acting Irish State Pathologist told the trial it was not possible to determine exactly when bruises to the head of Kayden were caused.
Dr Linda Mulligan, who performed a second postmortem on September 27, 2017, said the injuries could have been caused by what she described as “minor trauma”.
She said cause of death was “minor force trauma to the head”.
Under cross-examination by Mr Irvine, the doctor said the bruises could have been caused by fingertips or hands.
She agreed the injuries could not have been accidental.
The trial of Whoriskey, from Glenabbey Gardens in Derry, continues.