Accused baby murderer asked ‘unusual’ question: doctor

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Accused baby ********* asked ‘unusual’ question: doctor

An accused baby ********* asked if the boy’s bones were OK as emergency department staff tried to revive him, a doctor has told a court.

Benjamin Joseph Swann, 30, is accused of ******* and child ********* but denies killing his ex-partner’s baby, who was found unresponsive at a Werribee home on January 19, 2024.

The boy was struggling to breathe and cold to the touch when he was brought into Werribee Mercy Hospital, pediatric registrar Anna Cartwright told Melbourne Magistrates Court.

The infant had small bleeds in the whites of his eyes and bruising around his neck region, the doctor said on Thursday.

Staff worked to stabilise his condition and the boy underwent a chest X-ray to see if there were issues with his lungs given his breathing issues and premature birth.

Dr Cartwright told the court she gave Swann and the boy’s mother an update after the X-ray and Swann asked if the boy’s bones were OK.

The doctor told the court the question seemed strange.

“I found it unusual with the absence of any known trauma,” Dr Cartwright said.

It prompted her to ask the pair if the child had been accidentally dropped or if he had fallen, which they denied.

Dr Cartwright confirmed hospital staff did not put the child through another X-ray to check the rest of his body given he was extremely unwell.

Staff organised for the child to be transferred to the Royal Children’s Hospital and Dr Cartwright invited Swann and the mother to say goodbye to the boy.

She said the mother was crying as she kissed and hugged her baby, while Swann stayed further back with almost a smile on his face.

He approached the boy when the nurse encouraged him to and kissed the child’s forehead, the doctor said.

Dr Cartwright said people coped with grief differently so it was hard to comment on their varied reactions.

The court was told the baby was checked by a maternal health nurse days before his death and he appeared healthy.

Police had also attended the mother’s home earlier in January over allegations of family violence, the court was told.

She claimed Swann had choked her until she lost consciousness, which he denies.

Swann is facing a committal hearing on the charges of *******, child ********* and various assault offences against the boy’s mother.

The hearing is expected to last five days, with Magistrate Abigail Burchill to determine whether there is sufficient evidence for the case to go to trial.

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