Sydney

Man fights allegations that he raped a baby before her death

Warning: disturbing content

The court reported that it was possible that the baby was injured before he was killed on rape charges.

Brendon Toohey denied allegations of sexually assaulting an 11-month-old girl who died by hand in April 2014.

Toohey was convicted of manslaughter in 2017 after rushing the girl to Blayney Hospital near Bassert after she was hit in the head.

He insisted on police that she had fallen from a trampoline into a concrete septic tank while turning her back.

However, autopsy revealed that a single blow could not cause a blunt trauma and kill her.

Camera iconThe trampoline, which Brendon Touhei claimed to be 11 months old, has fallen.supply credit: supply

42-year-old Toohey was sentenced to seven and a half years in prison with a parole period of four years and six months.

After another trial, Professor Tim Lions reported that he was found guilty of raping a child before he died after concluding that the bleeding in her rectal tract was due to insertion.

The crown claimed that the act of invasion was “in the context of frustration and anger, but clearly intentional.”

However, the ruling was abandoned by the Criminal Appeals Court last year, and he is currently facing another judge-only trial in the Downing Center District Court in Sydney.

He pleaded not guilty to one case of sexual intercourse with a person under the age of 10, and a barrister had previously told the court that there was insufficient evidence to convict him.

Professor Lions subsequently died, courts were told, and the crown relied on evidence from other experts.

Prosecutor Ciro Triscari said the only “reasonable” explanation for the girl’s internal bleeding was insertion.

Brendan Toohey pleaded not guilty to one case of sexual intercourse with a person under the age of 10.
Camera iconBrendan Toohey pleaded not guilty to one case of sexual intercourse with a person under the age of 10. credit: supply

On Tuesday, he pointed out a Lions report expert who said the bleeding could be due to “smooth walls” such as pencils and fingers.

Forensic pathologist Professor Peter Ellis said on Tuesday, “I think the only thing that can be said about the nature of an object when it is used is that it has a smooth surface.”

“Because sharp objects are likely to damage the lining … Professor Lions’ proposal was not unreasonable, but it was not necessarily exhaustive.”

The previous trial of Judge Leonie Flannery continues.

Man fights allegations that he raped a baby before her death

Source link Man fights allegations that he raped a baby before her death

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