Baby shaken then slammed against wall, court told

Abinesh Sharma has denied knowing what caused Sachin's fatal injuries - he told the mother he was in the bathroom at the time. Photo / Brett Phibbs

A 16-month-old boy died from brain injuries after he had been violently shaken and slammed against the wall or floor by his "frustrated and angry" uncle, a High Court jury was told yesterday.

Abhinesh Sharma, a 37-year-old plumber of Mt Wellington, denies murdering Sachin Dhani in June 2007 and is on trial at the High Court at Auckland.

The Crown alleges Sharma became frustrated and angry and inflicted "irreversible" injuries on Sachin, who he was babysitting with four other young children. Sachin was his nephew by marriage.

In his opening address, prosecutor Phil Hamlin said Sharma picked Sachin up and violently shook him before slamming him against the floor or wall.

"His body went loose and floppy, his eyes closed and his head became swollen like a balloon," Mr Hamlin said.

Sachin rapidly lost consciousness and never recovered, dying two days later in Starship Hospital when his life support was turned off.

Mr Hamlin said Sachin was the youngest of the children left with Sharma but was the one who "felt his wrath". Medical experts would give evidence during the trial the head injury was caused by an excessive, violent deceleration that caused his brain to move, swell and bleed, Mr Hamlin said.

"He denied knowing what happened. Later he suggested the children said [Sachin] had fallen off the couch. The Crown case is this won't have caused the injuries. Sharma told police he didn't know how the injuries occurred - the Crown says he's not telling the truth."

Mr Hamlin said the injuries were allegedly inflicted sometime between 7pm and 8.06pm, when phone records show Sharma called Sachin's parents and told them their son was unwell.

Sashi Dhani told the court when she dropped Sachin off at Sharma's house he was in good health. She went into the house and put him on a couch before she and her husband, who are self-employed cleaners, went to work.

She told of getting the phone call from Sharma, who was married to her younger sister, telling them they needed to come home.

"He said Sachin eyes were closed and he was crying. He said he's not feeling well."

Mrs Dhani said Sharma asked them to come home quickly and that he couldn't take Sachin to hospital because he was looking after the other children.

She and her husband Suresh rushed back and found Sharma sitting on his doorstep holding Sachin on his lap, wrapped in a shawl.

His eyes were closed and he was taking "loud breaths".

She and her husband then rushed Sachin to Ascot Hospital but were stopped on the way by police.

"We went straight to Ascot Hospital. We got stopped by the police on the way because we were going too fast. The police took us to the hospital, and the children followed with Abhinesh [Sharma] in his car," Mrs Dhani said.

At the hospital nurses asked her what had happened to Sachin because his injuries were so bad. She asked Sharma what happened but he said he didn't know because he had been in the bathroom.

Under cross-examination by Sharma's lawyer Geoff Wells, Mrs Dhani said Sharma had a good relationship with her children and had shown concern for them.

Mr Wells said the defence accepted that Sachin was in his care and that he was "most likely" fatally injured at his house, but did not accept Sharma was responsible for causing the injuries.

"Sachin's death was accidental. The accused did nothing whatsoever to cause the death and bears no criminal responsibility whatsoever."

The trial is expected to last three weeks.