Ashley McGregor’s lawyer claims key witness is unconvincing in manslaughter trial of baby Alvin

There are only two people that could have killed baby Alvin, and his mother’s denial that she hurt him should be rejected, an accused killer’s lawyer says.

The key witness in a trial against a father accused of killing their newborn baby has had her evidence slammed as unconvincing and baffling by a lawyer.

The baby’s father Ashley John McGregor, 34, stood trial after pleading not guilty to the manslaughter and criminal neglect of his three-week-old son, Alvin.

In his closing submissions, Chris Allen, for Mr McGregor, told the court only the baby’s mother, Rebecca Denton or his client could have been responsible for Alvin’s injuries and they both had the opportunity.

Denton – who pleaded guilty to a charge of criminal neglect over her role in not seeking medical attention for Alvin – was sentenced to over four years jail last year.

Mr Allen said Denton’s evidence during the trial was unconvincing, inexplicable and baffling and her denial of having ever inflicted any violence on Alvin should be rejected.

“I say it’s unbelievable when she told Your Honour that she thought she could function whilst smoking eight to 10 bongs a day when she was on medication,” he said.

Ashley John McGregor awaits his verdict. Photo: Facebook

Rebecca Denton. Picture: Roy VanDerVegt

Mr Allen said it was unbelievable that after Denton was told by police of Alvin’s injuries she didn’t ask Ashley anything about him causing them.

Denton told the court during the trial that did not see Alvin with a black eye, however agreed that she had told family member in a text at the time that Alvin had a slight black eye, as well as telling that to police.

“Then she agreed with my proposition that she had lied to the police to incriminate Ashley,” Mr Allen said.

He said Mr McGregor should also be acquitted of criminal neglect as he hadn’t appreciated the deterioration in Alvin’s condition.

Prosecutor Michael Foundas told the District Court in his opening that Mr McGregor had been in a relationship with Denton who gave birth to Alvin on April 4, 2021.

He was left to take care of Alvin on April 21, 2021 while Denton was out shopping.

The court heard Denton received a panicked call from Mr McGregor that afternoon who told her he had accidentally knocked over the bassinet, which Alvin was in.

The court heard Alvin’s condition deteriorated over the next 40 hours before he was rushed to Noarlunga Hospital “completely unresponsive”.

An autopsy revealed Alvin’s cause of death was a blunt force head injury, with a number of other significant injuries, including rib fractures, bruising and bleeding on the brain.

“They revealed that these injuries were not the result of some accident or other innocent explanation,” Mr Foundas said.

However, she was ordered to serve the sentence on home detention.

Judge Paul Muscat has reserved his verdict.

Originally published as Ashley McGregor’s lawyer claims key witness is unconvincing in manslaughter trial of baby Alvin