Whangārei father on trial for baby’s manslaughter was trying to quit cannabis, partner tells court

Rawiri Sergeant is on trial over the death of his baby son O'Shea Tuhoe Sergeant, who died in Ruakākā on November 19, 2021.

Jazmyne Thacker vividly remembers leaping out of bed when her partner burst into their bedroom with the shattering words, “Babe, I don’t think son’s breathing.” She also remembers her body trembling intensely when she couldn’t find her 5-week-old son’s pulse soon after.

This week the young mum cried in the dock as she recalled that devastating morning while giving evidence at the manslaughter trial for her partner Rawiri Sergeant.

Emergency services were called to an address in Ruakākā where Sergeant – then aged 18 years old – and Thacker had been living with their son O’Shea Tuhoe Sergeant on November 19, 2021.

The Crown alleges Sergeant smoked cannabis three times over the night of November 18 and early hours of November 19 and that contributed to his inability to care for O’Shea.

The court heard Sergeant was burping his son at about 4am. The baby’s head jerked backwards and then forwards and as he fell forward, Sergeant’s knee allegedly connected with the left side of O’Shea’s head. The Crown said the baby rolled off his knee but Sergeant managed to catch him by the arm.

At about 9am, Sergeant went to put his son down with his mother but when the baby began crying, picked him up again.

The Court heard Sergeant prepared a bottle and attempted to feed O’Shea but his son did not latch on to the bottle and Sergeant noticed his limbs were floppy and he was not responding.

Holding O’Shea at chest height, Sergeant allegedly dropped the baby on the floor. When he checked whether the baby had a heartbeat he noticed blood coming from his nose and began CPR.

After splashing the baby’s face with water and wiping his nose, he allegedly dropped the baby again from chest height.

Thacker told the High Court at Whangārei she has been in a relationship with Sergeant since 2018 and at the time they were living with Sergeant’s mother and family who had gone to Kawerau.

Thacker confirmed in her evidence it was the first time the couple had been left alone for the night with the baby.

Photo evidence of detailed entries from a diary Thacker kept tracking her diet, O’Shea’s feeding times and baby observations showed an entry on November 18, 2021, mentioning a cut on the top inside of the boy’s lip.

Thacker said O’Shea wore mittens to stop him from pulling his hair and as they were concerned about the cut they took him to an Otaika medical centre to be assessed.

“We noticed on Wednesday afternoon the blood on his mittens and that’s when we saw the cut,” Thacker said.

When questioned by Sergeant’s lawyer Arthur Fairley whether his client stood in her way of taking him to the doctor, she replied, “no”.

Thacker said doctors concluded the cut was likely from O’Shea’s fingernails and not of concern.

Thacker was studying carpentry and Sergeant was working full-time but they agreed Sergeant would take over the night feeds that evening to enable Thacker to get some rest.

Thacker told the court she woke at around 5am on November 19, 2021, to express milk and checked on O’Shea and Sergeant, who were sleeping in the spare bedroom at about 6am, before returning to bed.

The Crown says Rawiri Sergeant consumed cannabis that affected his ability to care for his 5-week-old son. Photo / NZME

She told the court she had no concerns when she saw them sleeping, wrote a note and left it outside the door to say there was more milk in the fridge.

“When was the next time you saw Rawiri?” Crown prosecutor Geraldine Kelly asked.

“When he came into the room,” Thacker said

“And what did he say?” Kelly asked.

“He was saying, ‘Babe, babe, babe, I don’t think son’s breathing.’ I flew out of bed and into the lounge and the ambulance was already on the phone and I did CPR,” Thacker recalled.

She told the court she could not feel a pulse because she was shaking so much but when she put her finger under O’Shea’s nose, she felt his breath.

Thacker said Sergeant later told her he had been burping O’Shea and the baby’s head had flung forward knocking his knee.

Thacker told the court Sergeant told her he flung cold water on their son to get a reaction and that “he had been making funny noises as he tried to feed and burp him”.

“Did he show you?” Fairley asked during cross-examination.

“Yes.”

“Did you get the impression it happened very quickly?” Fairley asked.

“Yes.”

“Was he crying when he was explaining?” Fairley asked.

“Yes.”

Thacker said O’Shea had previously flung his head a few times with her when she was burping him.

When questioned by the Crown about whether she was aware of how much cannabis Sergeant was consuming she replied, “no”.

“You had no problems with Rawiri smoking cannabis?” Kelly asked.

“No, I didn’t,” Thacker responded.

“How did you feel about Rawiri having cannabis when looking after O’Shea?”

“Fine, because he’d done it before. He smoked before but he was trying to give up,” Thacker said.

“Before what?” Justice Christine Gordon asked.

“Before I had O’Shea,” Thacker said.

“Once you had O’Shea, how did you feel about Rawiri having cannabis while looking after O’Shea?” Kelly asked.

“I didn’t think there would be an effect,” Thacker responded.

Thacker told the court although they had not had a conversation about consuming cannabis while caring for O’Shea, she had told him she didn’t like it because it was illegal.

“If Rawiri was to smoke, he would wear a smoker’s jacket and be outside and then would take it off, wash his hands and brush his teeth before he came by O’Shea,” Thacker said.

“So that is what he wanted to be a rule?” Kelly asked.

“That was for anyone. Even if they drank,” Thacker responded.

The trial continues.

Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.