Baby was not eating before death

Cezar Taylor. Photo / supplied

Baby Cezar Taylor wasn't eating 11 days before he was admitted to hospital with fatal head injuries, a court has heard.

James Hemana is accused of violently shaking baby Cezar on two occasions. He has pleaded not guilty at the High Court at Auckland to murder, but admitted to failing to provide the necessaries of life.

The Crown says Hemana prevented the baby's mother, Victoria Taylor, from taking him to hospital and he has pleaded guilty to failing to provide the necessaries of life.

Shirley Brown - Ms Taylor's grandmother - told the court that she saw Cezar at a family gathering 11 days before he was admitted to hospital with severe brain injuries. He died five days later on July 28, last year.

Mrs Brown said her granddaughter tried to feed Cezar a bottle but the baby would not swallow.

"She tried him with the bottle again and she said he must be off-colour. I said try him tomorrow and if you want to, take him to a doctor.''

She said she prepared some fresh vegetables for the baby from her garden but Cezar would not eat those either.

"He didn't seem to swallow but he was smiling, he looked healthy but I don't know ...''

But under cross examination, Mrs Brown told Hemana's lawyer that she had not originally told police about the feeding.

Mr Bonnar read from a statement Mrs Brown had given police in which she said: "I held Cezar for a while. He was smiling and sitting up in his car seat. He was as good as gold.''

She said that was correct but the baby was not eating.

Mrs Brown also confirmed that she had been told by police that "something had been done'' to Cezar before the feeding incident.

Mr Bonnar asked if her evidence had been "coloured'' by her feelings towards Hemana.

Mrs Brown agreed.

"I went off him half way through his time living at the house [with her grand daughter] because he wasn't as open as he was in the beginning.''

The Crown says baby Cezar had been violently shaken before the feeding incident and again the following week.

In his opening on Monday, Crown prosecutor Josh Shaw said that Cezar was crying and woke Hemana on July 6. Hemana responded by yelling and swearing at the baby.

Hemana is alleged to have grabbed the baby by the front of his stretch-and-grow pyjamas.

"He violently punches him back and forth repeatedly before dropping him on to the bed.''

Mr Shaw said Hemana also picked Cezar up by one leg and again violently shook him before dropping him on the bed.

He said Cezar's mother, Victoria Taylor, tried to intervene. Hemana is alleged to have told her: "I don't give a f***, b****. I'll waste all of yous''.

Mr Shaw said Ms Taylor described her son as a ``very different baby'' after the two incidents.

The trial continues.

TIME LINE

January 21: Baby Cezar is born to 20-year-old Victoria Taylor.

May 21: Ms Taylor, her younger sister and James Hemana move in to a house in Mangere

July 6: First shaking incident.

July 12: Feeding episode.

July 13: Second shaking incident

July 23: Baby Cezar admitted to hospital

July 28: Baby Cezar dies 10 minutes after life support is turned off. The same day, police locate and arrest Hemana.