Manslaughter-accused dad ‘threw baby in pond’, ex says witness told her

A witness has claimed to see a man who is charged over his seven-month-old baby’s drowning death throw the baby into a pond, a court has heard.

A court has heard claims a “loving father” charged over his son’s death was seen throwing his baby into a pond shortly before the boy was found dead - floating just metres away from the sleeping man.

Jaye Lee Walton, 42, on Thursday morning made an application for bail at Ipswich Magistrate’s Court over the death of his seven-month old baby, Reef Hunter Walton, at a Gympie park on Saturday morning.

The court heard Walton had been camping at Chatsworth Park overnight with his partner Amy Stevenson, on their way from New South Wales to Innisfail.

Ms Stevenson found Reef lying face down in the water, dead, about 10.30am on Saturday, while Walton was asleep just metres away at the pond’s edge, the court heard.

Magistrate Robert Walker said it was alleged Walton had taken the baby with him to the restroom half an hour earlier to “clean him up”.

He said Ms Stevenson had screamed at Walton when she came to check on them, only to realise he was asleep.

“She entered the water, recovered the child, returned to the bank, commenced CPR, screamed for help,” Mr Walker said.

“You (Walton) woke up and were observed, it’s said, to be smiling, laughing, appearing oblivious to what had occured.

“You then fled on foot but then returned due to the actions of bystanders”.

Chatsworth Park, near Gympie, where a seven-month-old baby died.

Walton was charged at a Bundamba address on Tuesday with one count of manslaughter (domestic violence).

At his bail application on Thursday, Mr Walker noted Ms Stevenson had told police that someone had told her during the aftermath of the incident: “I saw him throw him in”.

“The guys were saying they saw him throw him into the water,” Ms Stevenson claimed another woman had told her.

The court heard Ms Stevenson had since ended her relationship with Walton as a result of Reef’s death.

Prosecutor Senior Sergeant Michael Read said police were still investigating at this stage which persons had made the claim and why, if it were true, they did not intervene.

Defence lawyer Mark Butler of Osborne Butler Lawyers emphasised the comments claiming his client had thrown Reef into the pond were just “hearsay”.

Emergency services were called to Chatsworth Park off Gympie-Curra Road about 10.40am on Saturday.

He said Ms Stephenson had described Walton as a “loving father” and said the relationship between Walton and Reef as “amazing”.

“Jaye’s just done it all, he was his little mate,” she had told police.

Mr Butler submitted that the case would proceed as a charge of manslaughter based on criminal negligence.

He noted Walton had consumed wine the evening prior to the baby’s death and had been exhausted from caring for the teething baby overnight.

Ms Stevenson had told police she had purchased a 5L cask of wine for Walton on their way to the park, and that Walton had consumed 4L of the cask overnight.

The court heard Walton - who Ms Stephenson had described as an alcoholic - had consented to providing police with a breath specimen when they attended the scene but then “failed to do so”.

Walton had been the baby’s primary carer and had no traffic history since his birth, the court heard.

However, Mr Walker said he had previously had multiple convictions for drink driving and possessing dangerous drugs.

The baby's 42-year-old father has been charged with manslaughter – domestic violence offence.

Mr Butler said the primary risk to consider was Walton consuming alcohol while in the care of children.

“He comes before the court as someone who, in tragic circumstances in my submission, that risk is no longer there,” Mr Butler said, noting Walton had no other children.

Mr Walker raised concerns Walton may still be a danger to himself if released on bail, noting Walton’s mother had said her son may be feeling suicidal.

“You’ve said, once you learned the child had died, nothing else mattered anymore - and you put your head through the wall in the watchhouse interview room,” Mr Walker told Walton.

The defence had proposed Walton would live with his sister, in a household which included a four-year-old child.

“My view is that anyone in that household would be at risk to you given the description of you as a chronic alcoholic,” Mr Walker said.

Mr Walker told Walton he was facing a “strong case” - and that he wasn’t convinced it would remain a manslaughter by criminal negligence case.

“Conviction seems likely. A sentence of imprisonment would be inevitable,” he said.

Mr Walker refused Walton’s application for bail, saying he viewed him to potentially pose a risk of both fleeing and of endangering the safety and welfare of the community.

Walton was remanded in custody for the matter’s next mention at Gympie Magistrates Court on August 4.