Little Jimmy’s burns not permanent says lawyer for Rodney Clough during bail application
A lawyer for a man accused of burning a two-year-old with scalding water has told a court he should be released on bail because the victim has “no ongoing physical issues”.
Police & Courts
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A lawyer for a man accused of scalding his two-year-old nephew with hot water has said his client should be granted bail in part because the injuries are not permanent and the victim is now a “well adjusted child”.
Rodney David Clough, 40, has pleaded not guilty to aggravated intentionally causing harm and criminal neglect and is scheduled to stand trial in July next year.
On Thursday, he applied for release on home detention bail, which was opposed by prosecutors.
Andrew Williams, for Mr Clough, told Judge Paul Slattery that his client strongly contested the charges and was keen for them to go to trial as soon as possible.
Mr Williams said Mr Clough refuted the level of injury suffered by the child, known under the pseudonym Little Jimmy.
“He had a scalding burn from hot water, he lost no skin and from what I am told he has no ongoing physical issues,” he said.
“For all the circumstances he is a well-adjusted three-year-old.”
Mr Williams said Mr Clough had been homeless at the time of the alleged offending when he went to visit the mother of the victim at the Blair Athol Best Western Comfort Inn.
The court heard Mr Clough was on bail for other offences which would eventually be dropped and had been kicked out of his bail address.
He was living out of his car when the two-year-old suffered serious burns while in Mr Clough’s care.
Little Jimmy’s mother Emma Short took the child to a doctor wrapped in a blanket and suffering “serious burns”.
Ms Short was charged with criminal neglect but the charges were later dropped.
Mr Williams conceded that his client had then “actively avoided police” in the knowledge there was a warrant for his arrest on the earlier charges.
“The court is dealing with people who are homeless and impecunious,” he said.
“They don’t have the resources to change their homes if they are kicked out of their bail address and go through the niceties of changing their bail details.”
A prosecutor said police had found messages on other phones which alluded to Mr Clough preparing to leave SA and go to Sydney.
Ms Short, who had charges against her withdrawn, was allegedly encouraged to join him in Sydney.
However, Mr Clough was arrested later that day.
Mr Williams told the court that none of the messages were sent by Mr Clough and merely represented the “machinations” behind the scene of someone trying to avoid arrest.
The court heard Mr Clough had suitable home detention bail living in Freeling.
Judge Slattery will hand down his decision on bail on Friday.