Daniel James Gallagher jailed for manslaughter of his daughter

The grief stricken mother of a baby girl, whose father has been jailed over her drowning death, has remembered her ‘mischievous and happy’ little girl. SPECIAL TRIBUTE

The mother of a baby girl, whose father was sentenced to jail on Wednesday over her drowning death, has remembered her daughter as the “sunshine in everything”.

Daniel James Gallagher, 27, pleaded guilty to the manslaughter of Leah Jayde, who died on April 2, 2021 in Hervey Bay.

Brisbane’s Supreme Court heard on Wednesday that on that morning Gallagher, who was separated from Leah’s mother, put the nine-month-old girl in the bath with the water running.

Leah’s grief stricken mother, Shaylan Witt, was in the Brisbane courtroom when Gallagher was sentenced. Picture: Supplied

An electrical fault at the home prompted him to leave Leah unsupervised, but the court heard he also had a cigarette and used his phone to access Facebook before returning to find his daughter “floating face down”. She was later pronounced dead at the Hervey Bay Hospital.

Leah’s grief stricken mother, Shaylan Witt, was in the Brisbane courtroom when Gallagher was sentenced.

She said his act of “pure negligence” took her baby daughter from her.

Daniel Gallagher has been sentenced to five years jail for manslaughter. Picture: Supplied

“No amount of time sentenced would’ve been equal to what my daughter’s life was worth,” Ms Witt said after the sentencing on Wednesday.

“Her death was ruled accidental, however the negligence was not accidental.”

Paying tribute to her daughter, Ms Witt said Leah “was the sunshine in everything and so mischievous”.

“She couldn’t talk yet, but you could just tell by the look on her face she was up to no good,” she said.

“She loved her brother and making a mess.

“She wouldn’t cry when she woke up, she’d just blabber into the monitor to let me know she was awake.

“She was a happy kid.”

Tiny Leah Gallagher drowned in the bath when she was left unattended by her father, Daniel Gallagher, who pleaded guilty to manslaughter. Picture: Supplied

Ms Witt submitted a victim impact statement to the court, with Justice Peter Applegarth describing her words as “deeply moving”.

“She described the excruciating experience she’d had to endure,” Judge Applegarth said.

“Your former partner has experienced great pain (and) psychological damage. She feels her daughters’ life was robbed from her.”

Shaylan Witt, with family and friends, leaves the Supreme Court after the sentencing of Daniel James Gallagher. Picture: Steve Pohlner

The court heard just days before Leah’s death, a similar situation had occurred where Ms Witt attended Gallagher’s home and found Leah unattended in the bath on her stomach while he had a cigarette.

Crown prosecutor Chris Cook said Gallagher was to be sentenced for a “negligent killing” and estimated he had left his daughter unsupervised for about seven minutes.

Gallagher was sentenced to five years jail to be suspended after 15 months.

Barrister Andrew Hoare said Gallagher was deeply remorseful.

“My client will always have the guilt of his conduct,” he said.

“He has insight into his offending.”

Mr Hoare said his client had failed to anticipate the risk of his actions.

“My client has appreciated that his conduct won’t just have an effect to him but … to everyone who loved his daughter,” he said.