Five-year-old died of traumatic brain injury, Cairns court hears in murder trial

A five-year-old boy allegedly killed and tortured by his father died from a traumatic brain injury, a Cairns court has heard.

Jason Ross Allan Fourmile, 24, has been charged with the torture and murder of his five-year-old son. Picture: Facebook

A five-year-old boy allegedly tortured and murdered by his father died from a traumatic brain injury, a Cairns court has heard.

Jason Ross Allan Fourmile is charged with torturing and murdering his five-year-old son Caiden on August 16, 2022.

Caiden was taken to the Yarrabah Hospital with life-threatening injuries and was flown to Townsville Hospital in a critical condition on August 16.

During a committal hearing in Cairns Magistrates Court on Monday, Magistrate Sandra Pearson heard from three witnesses, including two doctors, as the court decided whether there was sufficient evidence for Mr Fourmile to stand trial.

Dr Andrzej Kedziora, a forensic pathologist, told the court the boy had died of a traumatic brain injury despite undergoing surgery after the alleged incident.

Dr Kedziora told the court the five-year-old had other injuries that likely occurred in the days before he was hospitalised including a fracture to his left clavicle that “most likely occurred four to eight days before he was hospitalised”.

The court also heard the boy sustained an injury to his fraenulum — the connective tissue between the upper lip and the gums — which is usually an injury that occurs from blunt force applied to the face.

Dr Michalis Yiallourides told the court the child had presented at Townsville University Hospital with “extensive bruises” to his face, arms, and abdomen, acute lacerations to his scalp and signs of severe brain dysfunction.

Jason Ross Allan Fourmile, 24, has been charged with the torture and murder of his five-year-old son. Picture: Facebook

“The subject presented with abnormal posturing, which could be a sign of severe brain dysfunction requiring immediate intervention,” he said.

Dr Yiallourides also told the court that an internal injury to the boy’s abdomen was unlikely caused by efforts to resuscitate the boy.

Mr Fourmile’s partner at the time Shawana Danbas also gave evidence in the court by video link recounting how Mr Fourmile would often use methamphetamine and marijuana.

The couple would often have fights over his use of meth and Mr Fourmile often had mood swings, she told the court.

The court heard before Caiden had turned five he lived with his mother and that Mr Fourmile wanted to be a dad to Caiden, so arrangements were made for him to come live with their family.

Ms Danbas told the court on the day Caiden was hospitalised she had seen Mr Fourmile with his son in the shower cubical of the bathroom before being called in “urgently”.

She told the court Mr Fourmile was panicked crying and saying “don’t do this to me son”.

Ms Danbas was unable to continue her testimony as she appeared to suffer a medical incident and the hearing was adjourned until June 25 so that she could continue at a later date.

Mr Fourmile, who appeared in the dock often hunched and appearing to wipe tears from his face, is facing one charge of murder, one charge of torture, one charge of grievous bodily harm, two charges of assaults occasioning bodily harm and two charges of assaults occasioning bodily harm while armed in company.

Detective Inspector Kevin Goan details the arrest of a 24 year old Yarrabah man Jason Ross Allan Fourmile, charged with the murder and torture of his 5 year old son. Picture: Brendan Radke

Police have alleged Caiden was subjected to horrific torture before dying from injuries inflicted during a “brutal assault”.

Detective Inspector Kevin Goan said at the time of the arrest police would allege that evidence collected to date suggested a number of assaults inflicted on the boy during “a protracted period” included one involving an “implement”.

“The charges involve the use of an implement, which we say caused significant injuries to the child,” he said.

Originally published as Five-year-old died of traumatic brain injury, Cairns court hears in murder trial