Coroner rules Wairarapa toddler Ashton Cresswell died from ‘violent, traumatic’ injuries

A coronial inquiry into the death of Ashton Cresswell in 2017 has found the little boy died from injuries sustained in a “violent and traumatic event” while in the care of his mother and her partner.

The 4-year-old died on April 6 at the Pahīatua home where he lived with his mother, Alesha Cresswell, and her partner, Peter Otuszewski.

The coroner found Ashton died as the result of “inflicted, non-accidental head and abdominal injuries”.

Family members described Ashton as “very energetic, loving and he loved cuddles”.

He was described as “always a happy kid that was smiling all the time”.

One family member said, “Ashton was a kid who ran everywhere. He didn’t seem able to just walk.”

The report found that at 11.03pm, Aston’s mother went next door and called 111 to request an ambulance.

“When asked for her phone number, Ms Cresswell said, ‘I think he’s stopped breathing.’ In response to prompts, Ms Cresswell said that Ashton had been vomiting since the party but ‘tonight he’s just gone all limp and I think he’s stopped breathing.’

“Ms Cresswell then said, ‘… for some reason, he’s coming up with bruises on his tummy.’ Asked to check his breathing, Ms Cresswell said, ‘I can hear a little bit of faint breathing’.”

The report found that, upon arrival, emergency services found Ashton was “stiff with rigor mortis, and appeared grey, cold, and lifeless”.

“There were signs of lividity on Ashton’s body, and the responders observed extensive bruising across Ashton’s entire body.

“Ashton was unable to be revived and at 11.55pm was pronounced dead at the scene,” the coroner said.

Forensic pathologist Dr Amy Spark’s post-mortem report noted there were multiple bruises and abrasions to Ashton’s head, torso, and limbs.

“In all, over 65 bruises and abrasions were identified. These included bruises within the scalp area, behind the ears, and in other areas which are atypical for accidental small child self-injury.

“There was extensive bruising to Ashton’s chest wall over an area of around 22 x 12 cm, together with multiple bruises to his forehead.

“Dr Spark gave her preliminary opinion that Ashton appeared to have suffered from blunt force abdominal trauma, resulting in perforation of his intestine.”

On May 29 2018, Alesha and Otuszewski were jointly charged with the manslaughter of Ashton.

Creswell was sentenced to three years and 11 months in prison while Otuszewski was sentenced to four years and one month imprisonment.

The coroner’s report showed Ashton’s injuries were not accidental.

“They were not self-inflicted through any ‘clumsiness’ on his part. Ashton’s injuries could have been caused only by assault.

‘Ashton’s non-fatal bruises were evidence of a pattern of physical abuse.”

“I find that the lethal injuries sustained by Ashton were likely inflicted by Mr Otuszewski either by misadventure during the course of rough, wrestling-type play or by otherwise striking, throwing, or pushing Ashton against a surface with enough force to cause his fatal injuries.

“There is ample evidence supporting both of these scenarios.”

The coroner recommended Oranga Tamariki should more widely and effectively publicise the risk factors for child abuse, and how to identify when a child is being harmed, by placing information in commonly viewed media with wide audience reach to New Zealand parents and caregivers.

“Oranga Tamariki should publish guidance and resources for caregivers on what is safe and acceptable ‘rough play’ with a toddler or young child, and what is risky and unsafe play.”

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