31 Oct 2013

Mother acquitted over baby drowning case

9:00 pm on 31 October 2013

There were tears and hugs in the High Court in Wellington on Thursday as a woman was acquitted of the manslaughter of her baby.

The 29-year-old, whose name has been permanently suppressed, was charged after her baby drowned in her bath in November 2012.

The woman left her 13-month-old son in the bath while she made two phone calls. When she returned, he was face down in the water and not breathing.

He was flown to Starship in Auckland, but despite efforts to save him, he had suffered serious brain damage and four days later his life support was turned off.

The jury deliberated for just over two hours before returning its not guilty verdict.

The woman's lawyer, Noel Sainsbury, sought permanent suppression of her name. Justice France said that was appropriate in the circumstances of the case.

In her closing address, Crown Prosecutor Sally Carter told the jury the only issue it must decide is whether the woman's actions were a major departure from the standards of care expected of a parent.

However, Mr Sainsbury said the law is compassionate and does not criminalise every mistake a person makes, and it would be wrong to criminalise his client's actions.

After the hearing, the woman said the verdict restored her faith in the justice system. She said she is relieved the trial is over and she can now focus on the baby's life, rather than the circumstances surrounding his death.

The baby's grandmother thanked everyone who has supported her family over the past year, and police for what she described as their sensitive handling of the investigation.

She said the family were shocked when the manslaughter charge was laid, but understood why that had to be done, and the ordeal of the trial has been small compared with their grief at losing the boy.

Mother's plea to parents

The mother issued a statement on Thursday, saying she hopes that by telling her story it will help prevent other children from dying unnecessary and preventable deaths.

"My son lost his life due to my lack of knowledge surrounding infant drownings and how they occur. I am extremely concerned at the amount of parents who have admitted to me throughout the last year that they leave their children alone in shallow baths on occasion themselves.

"Parents may think that their young child can right themselves after slipping under the water, but what was unknown to me and many others around the country, is that when a toddler or infant slips under the surface of the water they return to a utero state. The do not fight it. They just let it take them.

"There is a valve which shuts off once water is inhaled into the lungs and this prevents more water from coming in, but also means they go unconscious very quickly and die silently. There is no cry for help, no splashing, just silence followed by brain death due to the lack of oxygen.

"I could not save my son, but perhaps his story could save others the pain and torment which my family and I have suffered. This was a shallow bath, he was a robust and strong little boy, and if it can happen to him it could happen to anyone.

"Parents - please never leave your child alone near any body of water for any amount of time. You may think the chance of drowning is remote, but if you hear my story and still choose to tempt fate and risk leaving your child unsupervised you are playing dice with death and the very real possibility your child could lose their life and you will regret it for the rest of your life.

"I hope this story reaches even one family and spares them the heartache and suffering which comes from knowing their child died an unnecessary and preventable death. I hope this helps you guys get the message out there and strikes a chord in the hearts of parents everywhere."