CONTRARY to what he told police, manslaughter-accused Cecil Patrick Kennedy left his unit to make a phone call the day a toddler died while in his car, a jury's been told.
He used a public telephone to twice call a 'close associate' who will give evidence to say that during that conversation, Mr Kennedy talked about giving a child sleeping tablets to sleep.
The same woman would give evidence about the fact that Mr Kennedy got anxious and stressed when children, including the toddler who died that day, cried.
In outlining the case against Mr Kennedy and the evidence to come, Crown prosecutor Kate Nightingale said the two calls were made at 5.24pm.
Mr Kennedy, aged 51, was arraigned in the District Court in Sydney this morning (Tuesday, July 4) where he pleaded not guilty to manslaughter over the alleged unlawful killing of a child, who cannot be named, on March 19, 2005, at Singleton.
On that day, the child was with his mother and older sister at a unit where Mr Kennedy lived, the jury panel was told. Just before 5pm the toddler's mum left the unit, and when she returned an hour or so later, Mr Kennedy told her something was wrong with her 21-month-old son.
She followed Mr Kennedy into a bedroom and saw her son lying naked on the bed.
Mr Kennedy stepped forward and tried to breathe into his mouth. The child's mother took over, but stopped when she realised didn't know what she was doing.
She then picked him up and ran across the road to the hospital, but he couldn't be revived.
Traces of anti-depressants were found in a blood sample later taken from the toddler, medication which police later found in Mr Kennedy's wardrobe and which were prescribed for him.
Mr Kennedy said the child had wet through his nappy and so he put him in the bath, then left the room briefly. When he returned the child was face down in the bath.
In her opening address, Ms Nightingale said the clothes the child was wearing were analysed and found not to be stained with urine.
The jury would hear form a number of experts, she said, including from the doctor who conducted an autopsy on the child in which a number of injuries were discovered "not consistent' with usual toddler activity - a lump on the side of the forehead, and a bruise more likely due to a trauma, like from a fist.
The trial continues.
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