Shane Claude Roberts, 61. Photo / Andrew Warner
A recorded police phone call between the mother of baby Karlos Stephens and the man accused of the 10-month old's murder has been played to a jury in court.
It was played as Crown evidence but the lawyer for defendant Shane Claude Roberts, 61, asked the jury to pay attention to a particular part where mum Pamela Stephen says she hasn't done anything and Roberts responds: "That's the way, you stick to that, yeah".
Roberts is accused of murdering Karlos between November 29 and 30, 2014, in Rotorua.
His trial began on Monday in the High Court at Rotorua before Justice Sarah Katz and a jury of six men and six women.
The Crown argued Roberts assaulted the baby causing the fatal injuries and was "reckless" as to whether he died or not, but Roberts' lawyer asked the jury to question whether it was "truly a case of murder" or if Roberts was even the person responsible.
Stephens took the stand this morning for the second day, recounting the days of and prior to her son's death.
The prosecution played the court a recorded police phone call between Stephens and Roberts from August 31 2018.
Police had instructed Stephens to call Roberts in hopes of getting him to "confess", she told the court.
Stephens was aware that the conversation, which was just under four minutes, was being recorded, but Roberts was not.
Early in the phone call, Roberts says he was "just waiting for them [Police] to come and arrest me too" and his "phone is connected straight to them".
Roberts says that police were just trying to "pin something" and that he was relying on the coroner's report.
Stephens says to Roberts: "I haven't done anything, that's the thing Kraut, I'm freaking out."
To which Roberts replies, "That's the way, you stick to that, yeah."
Stephens says to Roberts that she had heard the results about Karlos's death showed he did not die from illness or sickness.
Roberts responds saying "yeah we both know that".
He says it was not like anything they [Police] were trying to make it out to be and that they both loved Karlos "heaps".
Stephens says she "wasn't even there", to which Roberts agrees.
"Pam, you just, you're all good, they're just trying to say things to you, I'm f****** freaking out but the coroner's report is the winner, we'll just stick to the coroner, he's the only one that can help us, the truth is the coroner," Roberts says.
Stephens reiterates that she has done nothing and was not around that night when Karlos died of what she says is a virus or illnesses. She then questions Roberts about Karlos having the flu.
He replies by saying "I'm not going to say anything on the phone" and "we'll get through this Pam. Don't you worry, you've got nothing, you've done nothing."
He then says his goodbyes as he had to go.
Roberts' lawyer Simon Lance questioned Stephens about whether she had lied in the call.
Stephens told the court she did not directly lie but instead said things that would prompt a confession out of Roberts.
Cross-examining Stephens earlier in the day, Lance suggested her mental health issues, methamphetamine use and stress at the time may have "blocked out" what happened the night of November 29 or "impaired" her memory.
She denied this, saying she had not used methamphetamine at the time.
The Crown questioned Stephens about why she did not attend Karlos' tangi or burial.
She told the court she had not been invited, there was a lack of communication and transport had not been arranged for her.
She said she was "very, very upset" about this.
The trial continues.