Prosecutors are awaiting further expert toxicology reports before they determine whether to prosecute a man accused of killing Singleton toddler Jordan Thompson for a third time, 20 years after the boy's death.
The 21-month-old was found unresponsive and rushed to Singleton hospital on March 19, 2005.
At the time, the child was under the care of Cecil Patrick Kennedy, who faced a second manslaughter trial in NSW District Court that last month ended with a hung jury, after the first trial concluded the same way a year earlier.
Prosecutors alleged the toddler was given antidepressants by Kennedy, who at the time was in a relationship with his mother, Bernice Swales. But the jury was discharged on September 16 after being unable to reach either a unanimous or majority verdict.
During the trial the jury heard Jordan was fussy and crying when Kennedy took him into his bedroom on the morning before he passed away. After that, the toddler was seen to be dozy and unsteady on his feet and vomited, before Ms Swales put him to bed and left to go to the shops.
When she returned, she found her son naked and unresponsive on a bed with Kennedy attempting CPR.
Jordan was rushed to hospital in an unresponsive condition and pronounced dead just before 7pm.
Crown prosecutor Kate Nightingale said toxicology analysis found traces of the antidepressant amitriptyline for which Kennedy had a prescription.
The jury heard Kennedy changed his story about what happened to Jordan, initially telling Ms Swales he had either fallen into or out of the bathtub.
He later told police he had left the toddler unattended in the bathtub for about 40 seconds before returning to find him face-down in the water, Ms Nightingale said.
The matter was mentioned in Sydney's Downing Centre District Court on Friday when the court heard prosecutors had ordered further reports from the state's forensic laboratory and an expert toxicologist.
The matter was adjourned until November 29 for prosecutors to consider the reports and make a direction about whether a third trial would proceed.
