"WHAT I seen has lived with me for 25 years" a jury heard today from a man who was eight years old the day 18-month-old Jordan Thompson died.
The man, who cannot be identified, was in the home of manslaughter-accused Cecil Patrick Kennedy when Jordan, affectionately known as Jordy, was rushed to Singleton Hospital.
"I was there, I was the only person there," he said.
He was playing a video game during the afternoon of March 19, 2005, when Jordan's mother, Bernice Swales, went to the shops with some other children.
Mr Kennedy was at the unit, along with himself and Jordan. The jury was played a video recorded interview that the man did with police a few weeks after the incident.
As a child, he told police Jordan had been sick that day. When police asked him if knew whether or not Mr Kennedy took any medication, he said he knew that he took sleeping pills to help him sleep.
He did not know whether Bernice, whose last name he didn't know, took any medication or not.
The man then told the jury that he had tried to get Mr Kennedy to come out of the bathroom, where he was giving Jordan a bath, to come and play video games with him.
A little while later, when he got to an exciting part in the game that he hadn't reached before, he paused the game and yelled out to Mr Kennedy come out, which he did.
After Mr Kennedy returned to the bathroom, he said he heard a noise, like a gasping noise, coming from Jordan, and could hear Mr Kennedy panicking, "just like crying ... you could see his emotions, he was panicking".
"I remember being scared for him," he said. " I didn't know what to do ... it was all in a panic."
He said Mr Kennedy told him to get help and he went to the window to see if he could see Ms Swales returning. When she arrived, he said he just stood there with the two other children who were at the home.
"I can't remember anything after that."
The jury has heard that when Ms Swales returned after being out for an hour, she saw Kennedy giving CPR to the unresponsive child.
An autopsy did not identify a cause of death, but blood analysis detected high levels of an antidepressant Kennedy had been prescribed in the toddler's system, the court has heard.
The case against Mr Kennedy is that he was legally responsible for the baby's death because he either committed an unlawful and dangerous act, by giving him anti-depressants which caused his death, or which substantially caused his death by drowning (in the bath); or that he was criminally negligent because he administered a drug to him and left him in the bath unsupervised, knowing that could cause his death; or that he was criminally negligent when he left him in the bath unsupervised knowing that he was under the influence of a drug, or was unwell, causing his death by drowning.
The trial continues.
