Magistrate to decide if Rylee Rose Black’s manslaughter accused, Aaron Hill, faces jury

A Townsville man charged with the manslaughter of Rylee Rose Black did not call for help after discovering the girl had been left in a hot car for more than four hours, a court has heard. Warning: Distressing

A Townsville man charged with the manslaughter of Rylee Rose Black did not call for help after discovering the girl had been left in a hot car for more than four hours, a court has heard.

The claims were aired in Townsville Magistrates Court during the committal hand-up of Aaron Danyel Hill, who is facing a single count of manslaughter over the death of his then girlfriend’s 3-year-old daughter, Rylee, on November 27, 2020.

Her mother, Laura Peverill (Black), is also charged with manslaughter.

Police prosecutor Jordan Theed told the court that no call was made to Triple-0 by Black or Hill after Rylee was discovered in the car, four hours after her mother and Hill had gone inside.

The court also heard that vomit and urine were seen in the back seat.

Mr Theed told the court that Hill and Peverill then watched Shameless, smoked cigarettes and cooked wings in the hours Rylee was in the car.

Rylee was found buckled in her booster seat in the back of Black’s seven-seater Toyota Prado at about 2.30pm, four hours after Black and Hill had finished running errands in the vehicle, the court was told.

Rylee Rose Black (right) with inset Aaron Hill (top) and Laura Peverill (Black) (bottom left).

The court heard that the car had been parked in the sun in the driveway of Hill’s Burdell home – which Black had one week prior moved into, along with her four children.

The internal temperature of the car at that time would have reached up to 51 degrees, the court heard.

During the hand-up, Rylee’s father Pete Black, gave evidence in closed court.

Defence barrister Claire Grant told the court it was five minutes into their afternoon trip before Hill asked Black “where’s Rylee?”, and when Black turned around she saw the girl with her head “slumped over”.

After 20 minutes of resuscitation at the hospital, Rylee was pronounced deceased.

Her cause of death was heatstroke.

Ms Grant argued a jury could not convict Hill on a charge of manslaughter on the basis it must be proven that Hill had “charge” of Rylee at the time of her death.

“The prosecution must prove three things: that he owed a prescribed duty of care; that he omitted to perform that duty; and that the omission caused the death of (the child),” Ms Grant said.

The carer of a child can be defined as a parent, foster parent, step-parent, guardian or other adult in charge of the child, and whether or not they have the lawful custody of the child.

She submitted that the “mere presence” of Hill in the hours before Rylee’s death was “not enough” for the prosecution to prove a “prima facie” case, and that the charge should be dismissed.

Aaron Danyel Hill (centre), leaves Townsville courthouse after his committal hearing, flanked by his Barrister Claire Grant (left) and assistant (right).

“ … Ultimately my submission is that it is without question that the person who had a duty of care was the child’s mother, Ms Black, and her alone,” Ms Grant said.

Hill later told police he and Black had looked after their own children.

“She (Black) looks after her kids and I look after mine; it’s not like we’re a married couple,” said Ms Grant reading from Hill’s record of interview.

Senior Police prosecutor Jordan Theed argued Hill’s statements to police were attempts to “minimise his involvement” with the little girl on that day.

He pointed to instances where he told officers he “couldn’t see” the booster seat because it was “too small” – but that a forensic scientist had provided evidence that the seat would have been visible from the rear view mirror.

Rylee Rose Black.

In another instance, Mr Theed referred to CCTV footage capturing Hill and Peverill at a car park, in which Hill placed groceries into the midsection of the car from the driver’s side.

Mr Theed submitted this opposed Hill’s later statement to police, in which he said he had handed the groceries directly to Black in the front passenger seat.

Mr Theed also submitted it had been “highly implausible” that both Black and Hill had not noticed Rylee was in the back seat when they returned to the car – pointing to a paramedic’s statement that there had been a “strong smell of vomit” and vomit had been seen “everywhere” in the back seat.

He said when Hill had been asked whose responsibility it was to take Rylee out of the car, he said it was “both” his and Black’s – but that it was more so Black’s responsibility.

Magistrate Ken Taylor adjourned the matter to Thursday to consider the case.

Hill’s bail was enlarged.

Originally published as Magistrate to decide if Rylee Rose Black’s manslaughter accused, Aaron Hill, faces jury