‘Amazing coincidence’: Calls for Jaylen Troy Priest murder case to be dismissed

Lawyers for a man accused of murdering his tiny step son have urged a magistrate to dismiss the case, arguing the evidence supports a theory the boy’s death was an accident.

Jaylen Troy Priest. Picture: Supplied

Lawyers for a man accused of murdering his 16-month-old step son have urged a magistrate to dismiss the case, arguing the evidence supports a theory the boy died by accident.

Aaron Harley James was charged with the murder of toddler Jaylen Troy Priest who died from a traumatic brain injury in January last year days after being rushed to hospital on December 30, 2021.

At a committal hearing in the Brisbane Magistrates Court on Thursday, defence barrister Lars Falcongreen submitted Jaylen’s injuries were consistent with witness statements that he had fallen and hit his head while running across wet tiles at the family’s Burpengary home north of Brisbane.

He said the prosecution could offer no alternative explanation for how Jaylen had died.

The court heard an autopsy revealed at the time of his death, Jaylen had fractures to both arms that were consistent with a child being carried by the arm.

He also had fractured ribs.

Medical expert Andrzej Kedziora gave evidence at the hearing that at least two of the rib fractures appeared to have been created at different points in time.

Dr Kedziora said the rib and arm injuries did not appear to have been caused at the same time as the fatal head injury but could not place a date on whether they would have occurred days or weeks earlier.

Under questioning, Dr Kedziora said it was possible but “extremely unlikely” the rib fractures were caused by a fall from a trampoline or a bookshelf.

Mr Falcongreen said his client had sworn in his statement to police that on the day Jaylen was injured, he had arrived home from work on a rainy afternoon.

James said he walked past a bedroom where children, including Jaylen, were playing. Jaylen held out a toy and said “ta, ta, ta” but James told him “hold on boy, I’m wet” and continued on through the house.

James said soon after he heard a bang and found the toddler on the ground near wet “skid marks” on the floor near a coffee table.

“So if there was some other cause for the injury it’s an amazing coincidence that his version correlates precisely with the pathologist’s extensive measurements,” Mr Falcongreen said.

Crown Prosecutor David Nardone said medical experts gave evidence the fatal injuries were the result of a “high force impact injury to the head and additional acceleration and deceleration of the brain within the skull”.

He said doctors gave evidence the severity of the force required to cause the injury was greater than would be expected from a toddler falling, slipping back or hitting their head on a table.

Mr Nardone said it was open to a jury to find the fatal injury was caused by something other than a fall as a witness had described, submitting after that fall, Jaylen was still a “perfectly functioning 16-month-old toddler”.

“It’s open to a jury to accept the causative act happened after that fall,” he said.

Mr Nardone said it was alleged the only person in the house who had the opportunity to do that act was the defendant.

Magistrate Andrew Moloney reserved his decision.