Matthew Riley Baxter coronial inquest starts more than a decade after baby’s death

A coronial inquest into the death of a six-week-old baby boy has begun, with the father - who was originally convicted and acquitted - to potentially face new questions.

Six-week-old Matthew Riley Baxter died in 2011. Picture: Roanne Johnson

A coronial inquest examining a six-week-old boy’s death will begin more than 13 years after his life support was switched off in a Queensland hospital.

It is undecided whether the boy’s father – who was initially convicted over his death, before being acquitted – will be called to take the stand and be questioned, but the baby’s mother is not expected to be required to give evidence at the new inquiry.

The inquest will also not reopen the search for the baby’s missing spinal cord, which was removed with his brain post-mortem and both were sent from north Queensland to Brisbane for expert analysis at the time, but the spinal cord did not arrive and has never been found.

Matthew Riley Baxter was rushed to Townsville Hospital on November 3, 2011 having been resuscitated en route, but still in a deeply unconscious state. A scan later showed no brain activity and his life support was switched off on November 6.

Nicholas and Tenae Baxter leaving the Townsville Courthouse. Picture: File

His exact cause of death remains undetermined, but he suffered a range of serious injuries including brain haemorrhages and brain swelling, as well as two sets of rib fractures which had occurred at different times during the preceding weeks.

Baby Matthew’s father, former soldier Nicholas Aaron Baxter, was jailed in 2017 after he was put on trial in Townsville Supreme Court for murder, and a jury found him not guilty of murder, but guilty of manslaughter. He was sentenced to nine years behind bars.

But that conviction was overturned by the Court of Appeal. Mr Baxter was then acquitted in 2021 following a judge-only retrial in Townsville Supreme Court. He has always denied the allegations.

Family and supporters of the Baxter family leave the Brisbane Magistrates Court after attending the pre-inquest conference into the death of six-week-old baby Matthew Riley Baxter almost a decade ago. Picture: Tertius Pickard

During a pre-inquest conference in Brisbane on Wednesday, barrister Jeffrey Hunter – acting as counsel assisting the inquest – said baby Matthew’s mother, Tenae Baxter, was not present when her son became unwell in 2011 as she was at a boat licence course.

Mr Hunter said Matthew was in the sole care of his father at the time, and one of the issues the inquest will examine is the common theme from the evidence of Townsville Hospital staff who spoke to Nicholas Baxter when his son was brought in.

“A common theme in those witness accounts is the perception that Nicholas was not reacting in what they thought was a normal way to a situation in which his newborn son was gravely unwell and likely to die,” Mr Hunter said.

Mr Hunter said there was “little benefit” in requiring Tenae Baxter to give evidence on her son’s death at the inquest, for what would be her fifth time on the stand in this case.

Councel assisting the coroner Jeffery Hunter KC leaves the Brisbane Magistrates Court after attending the pre-inquest conference into the death of six-week-old baby Matthew Riley Baxter almost a decade ago. Picture: Tertius Pickard

Mr Hunter also said the decision on whether Nicholas Baxter would be called to give evidence would depend on the findings of the new reports ordered from independent medical experts on baby Matthew’s injuries, which will in-part examine whether they are consistent with shaken baby syndrome.

The inquest will also examine baby Matthew’s traumatic birth, as described by his mother, and whether any injuries he suffered at that time contributed to his death weeks later.

Medical evidence concerning baby Matthew’s rib fractures, which was integral to the state’s Court of Appeal overturning Nicholas Baxter’s manslaughter conviction, is expected to be included and scrutinised during this inquest.

Many of the medical experts who gave evidence at Mr Baxter’s trials are expected to again be called to testify at the new inquiry.

Mr Hunter said on Wednesday the police investigation into baby Matthew’s death and his treatment at Townsville Hospital will not be investigated during the inquest as no issues had been identified.

Coroner Stephanie Williams scheduled a further conference in Brisbane on January 21, with the inquest to begin on March 3 next year and run for an estimated four weeks.