Nia defence denies 'fatal kicks' happened

Nia Glassie. Photo / Supplied

Defence lawyers have begun presenting closing arguments at the Nia Glassie trial.

Michael Curtis' lawyer, Jonathan Temm, told the jury that the fatal kicks that his client allegedly inflicted on the 3-year-old never happened.

Mr Temm argued that Nia began a gradual decline after being spun on a clothesline until she fell off, two days before the kicks were allegedly inflicted by Curtis and his brother Wiremu.

He pointed to evidence from paediatrician Patrick Kelly, who acknowledged that a fall from a clothesline could have resulted in a subdural haematoma, or bleeding in the head, which was the injury which caused Nia's death.

Witnesses had testified that Nia was lethargic before the kicks allegedly happened, and had complained of having a sore head and not being able to feel her arms, Mr Temm said.

He said evidence that the kicks occurred came from only one witness, a child, who appeared to have made several mistakes in recounting other events.

The Crown alleges the fatal kicks happened on a Friday evening, and Mr Temm acknowledged that Nia had been wrestled during the day.

But he said the wrestling, though "sheer stupidity", was not criminal or intended as a victimisation of Nia.

He said it was a reflection of the household where Nia lived where "children have children" and there was no adult supervision.

"This is a completely rudderless house drifting along," he said.

His address to the jury at the High Court at Rotorua continues.