Decision in Brendon Toohey case likely to be handed down Friday

IN COURT: A man who was found guilty of manslaughter and is defending sexual assault allegations against an infant is likely to learn his fate on Friday. FILE PHOTO

IN COURT: A man who was found guilty of manslaughter and is defending sexual assault allegations against an infant is likely to learn his fate on Friday. FILE PHOTO

A MAN accused of sexually assaulting an 11-month-old baby girl before her death should learn his fate this Friday.

Brendon Toohey, now 42, was found guilty of the child's manslaughter in 2017 and is currently defending allegations he sexually assaulted the infant before her death.

Toohey arrived at Blayney Hospital, from Mandurama, with the unconscious baby in April 2014, telling staff there she had fallen from a trampoline.

She died from blunt force trauma atypical of a simple fall and with injuries that led detectives to accuse Toohey of both homicide and child rape.

A jury found him guilty of the girl's manslaughter and, in 2017, he was sentenced to seven-and-a-half years with a non-parole period of four years and six months over the infant's death.

In 2018, Judge James Bennett heard a separate sexual assault trial where Toohey was also found guilty, however, the conviction was quashed by the Court of Criminal Appeal last year.

In a judge-alone retrial beginning before Judge Flannery in the NSW District Court last week, Toohey pleaded not guilty to one count of sexual intercourse with a person under 10.

In his closing submissions, Crown prosecutor Mr Triscari said injuries sustained by the infant could not have been caused by constipation, or other means, as suggested by Toohey's legal team.

Mr Triscari said the only rational theory was the accused had caused the infant's injuries.

He added the infant suffered the injuries at a time when Toohey had sole custody and care of the child.

Defence barrister James Trevallion argued in his closing statement that it could not be discounted that the little girl's injuries were caused by constipation.

He said in his client's record of interview, he was never asked if the child was constipated.

Mr Trevallion said there was no reason to ask as the injuries were concerned with her death.The autopsy report came later.

The matter resumes 2pm Friday.

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