Toddler's skull like smashed glass, jury told

File photo / Martin Sykes

A Northland toddler who died after receiving a serious head injury had a skull which looked like "smashed glass", a jury at the High Court in Whangarei has been told.

Kyle Skerten, 23, of Kerikeri, is charged with murdering his 15-month-old stepson, Riley Justin Osborne, who died on December 23, 2009 - four days after he suffered a severe brain injury at his home in Cobham Rd.

In the Crown's opening address, Mike Smith said scans of the toddler's head showed a complex fracture that he described as like crazy paving or smashed glass. The Crown says the injury was non-accidental.

Skerten has claimed he found Riley on the floor of the bedroom with his head against the leg of the wooden cot.

Skerten also faces a charge of possession of a pipe for smoking methamphetamine, eight charges of offering to sell cannabis, nine charges of supplying a precursor substance - pseudoephedrine - and four of offering to supply methamphetamine.

Skerten had been living at the Kerikeri home for nearly a year with his partner, Riley's mother.

Mr Smith told the court Riley had been fed pumpkin soup and been put to bed in his cot with a bottle about 6.30pm.

A female friend was at the house and was changing in the toilet when she noticed Riley "grizzling".

About 7.20pm, Skerten went into the room, where he claims to have found Riley on the floor.

Riley was taken into the lounge, where he was lapsing in and out of consciousness and having fits.

Ambulance staff arrived and Riley was taken to Bay of Islands Hospital before being airlifted to Starship Hospital in Auckland for emergency surgery.

He had bleeding on the brain, his retinas had detached and there was bruising to his face and legs.

By December 23 his condition had deteriorated to the point where the family agreed to turn off life support and he died one hour later.

"The Crown will say it wasn't a fall Riley suffered; someone did this to Riley ... The only person in that room when Riley suffered the injuries was the accused," Mr Smith said.

"Through experts you will get an idea of scale and the nature of forces involved to cause the fracture, the brain bleeding and eye injuries."

He admitted the Crown would not be able say what or how the injuries had happened.

Skerten blinked back tears as the emergency 111 call for an ambulance was played in the court yesterday before a jury of six men and six women.

Skerten's lawyer, Catherine Cull, said the Crown could not prove beyond reasonable doubt that it was Skerten who murdered Riley. She told the jury that once they had heard all the evidence they would not be satisfied Skerten had done it and that "it was a dreadful, dreadful accident".

Ms Cull said the drug-related charges were an attempt to muddy the waters and create prejudice against Skerten. "They are totally irrelevant to what happened on that night to Riley."

Ms Cull warned the jurors not to jump to conclusions and said the Crown could not prove that "this was anything more than an accident".