QUESTIONS have been raised about the alibi of the twin brother of the man accused of murdering baby Zayden Veal-Whitting on the night of the child's death.
Zayden was found laying in a pool of blood by his mother, Casey Veal, in his Eaglehawk Road home on June 15, 2012. He had been struck to the head at least 25 times some time during the night before.
Harley Hicks, 21, of Long Gully, has pleaded not guilty to murder, aggravated burglary and theft.
Hicks' twin brother, Ashley, has earlier told the Supreme Court he was at home with his father the night Zayden was killed and did not commit the murder.
He said he had tried to take his own life earlier in the day and was taken to hospital by police, but escaped after asking going to the bathroom.
Ashley said he went home to his father's house, where he consumed a combination of Jim Beam cans and anti-anxiety medication on the evening of June 14 and was in bed until the following day. He said he was too "f...ed" from medication to remember much of that night, including phone communication between he and his brother, or with his girlfriend, however did recall a phone call with Harley during which his brother’s voice was “different … quiet’’.
Ashley's then girlfriend Casey Gordon told the court she recalled "plenty of contact'' with Ashley via phone calls and text messages that night.
She said she could hear Ashley's father in the background.
Ms Gordon told the court Ashley sounded "groggy and tired ... pretty much off his face'' as he had taken Xanax and ''always took more than he was supposed to''.
When questioned by defence counsel David Hallowes whether Ms Gordon was trying to protect Ashley, she answered ''no''.
However, Ms Gordon said it was common for she and Ashley to exchange many phone calls and texts and she could not be sure which night the many phone calls and messages were exchanged.
However, she said she remembered clearly Ashley trying to take his life on June 14. The trial continues.