- DAY ONE: Mother weeps as alleged baby killer’s trial begins
- DAY TWO: Court hears of baby’s final hours
- DAY THREE: Father’s trial continues
- DAY FOUR/FIVE: Pathologist testifies in child homicide trial
- DAY SIX: ‘I would never hurt my kid’
- DAY SEVEN: Father questioned in interview recording
- DAY EIGHT: Court hears accused father ‘snapped’
A jury has been advised to put any sympathy out of their minds in considering their verdict in the trial of a man accused of shaking his baby daughter to death.
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Joby Anthony Rowe, 24, has pleaded not guilty to one count of child homicide following the death of his three-month-old daughter, Alanah Rowe, in Heathcote in 2015.
Mr Rowe’s barrister, Paul Higham, made his closing address in his trial on Wednesday.
Mr Higham told jurors while “no one could have sat in this courtroom and not been moved by the tragedy of the loss of this young child”, they should resist the temptation to return a verdict “that tries to make things better” or “give people closure”.
“This trial process is not about that, it is about whether or not the prosecution has satisfied you beyond reasonable doubt of Mr Rowe's guilt on this count,” he said.
He said in order for Mr Rowe to be found guilty, the prosecution must have satisfied the jury beyond reasonable doubt that, among other things, they had excluded any explanation of contact “less than an assault” between Mr Rowe and Alanah on the day in question.
“It’s for the prosecution to exclude any reasonable hypothesis consistent with Mr Rowe’s innocence,” he said.
“Has the prosecution excluded, in your mind, that the act was something other than shaking?
“And if they have not done that, that's the end of the prosecution case and you must find Mr Rowe not guilty.”
Mr Higham said the prosecution’s case was a “circumstantial” one, which was “based solely” on medical evidence.
“It carries the entire weight of the prosecution’s case,” he said.
Mr Higham said while the prosecution’s case was that the only explanation for Alanah’s injuries was that she “must have been shaken”, it was Mr Rowe’s position that there had to be “some other explanation”.
“He said, ‘Yes, she was in my care, yes I was looking after her, but I did not do anything to her that I have not done many times before’,” he said.
“He says, through me, ’What the prosecution say cannot be the only explanation, it can't be the only explanation that I shook her in excess of a gentle shake, because I did not do that’.”
Justice Lex Lasry commenced his directions to jurors on Wednesday.