Whangārei mum on trial after baby's death wants one charge dismissed

Defence lawyer Wayne McKean has applied for the dismissal of one charge against a woman on trial in relation to the death of her 5-month-old son. Photo / John Stone

A Whangārei woman on trial in relation to the death of her 5-month-old son has applied for one of the charges to be dismissed on the basis of a lack of evidence.

She is facing a judge-alone trial, on four charges of ill treatment of child, one of assault with a weapon and one of administering cannabis to a person under 18.

Police were called to a home in Whangārei by ambulance staff about 8.30pm on August 22, 2019. The baby died at the scene.

The mother has interim name suppression until the outcome of the trial in the High Court at Whangārei.

At the conclusion of the Crown case yesterday morning, her lawyer Wayne McKean made an oral submission that the charge of ill treatment or neglect of a child by conduct that impaired the toddler's breathing be dismissed.

He argued there was no medical evidence to support that charge.

McKean said in her second police interview, the mother said her husband choked the baby and squeezed him till he turned purple.

In the third police interview, she admitted making up the choking bit by her husband.

"The court cannot, on the basis of that evidence, rule there is a case to answer," McKean said.

In response, Crown solicitor Mike Smith accepted there was no direct medical evidence to support the charge but the evidence required to convict her was contained in her statements to police.

She resiled from choking but not from impeding the breathing of her baby, he said.

Justice Gerard van Bohemen will deliver his ruling on McKean's application on Monday.

McKean will inform the court on Monday whether the defence will either call or give evidence.

Earlier, a St John paramedic gave evidence and said the baby was not breathing, was floppy, wet, and cold when she picked him up from the shower floor.

The paramedic started chest compression with her fingers, given the age of the baby, and did rhythm checks for about 30 minutes before pronouncing the child dead.