Baby killer’s new trial for infant’s alleged rape
A convicted baby killer will face a second trial for the alleged rape of the 11-month-old infant girl he has already served time for killing.
Convicted baby killer Brendon Toohey will face a second judge alone trial for the alleged rape of the 11-month old girl he has already served time for killing and since been released from prison.
The District Court heard on Thursday Toohey will face a five-day judge only trial at which he will appear next week via audiovisual link from Orange court complex.
The trial follows the 42-year-old sheet metal worker’s conviction for the baby girl’s manslaughter and the quashing of a conviction for the child’s alleged sexual assault.
Toohey, who comes from central western NSW, will face a pre-trial hearing on Monday over one charge of sexual intercourse, person under 10 under authority.
Police allege the child suffered from horrific injuries including blunt force trauma.
Toohey was arrested on April 2, 2014 when he arrived with the then unconscious child at Blayney Hospital.
Aged 35 at the time, he had been caring for the infant while the child’s mother was in hospital.
At 11.03am on the day in question, he arrived at Blayney Hospital’s emergency department requesting assistance for the child who was seated in his car.
The infant girl was taken into the hospital, but was unable to be revived.
A court later heard Toohey said the little girl had fallen from a trampoline at a house in Mandurama, southwest of Bathurst.
He said the girl had hit her head on a concrete septic tank while he was taking washing off the line.
The direct cause of death was found to be blunt force trauma to the head.
A NSW District Court jury found Toohey guilty of the girl’s manslaughter and he was sentenced to a maximum seven-and-a-half years, with the non-parole period ending in October 2018.
A judge-only sexual assault trial., which was beset by delays, took place before Judge James Bennett in September and October 2018.
Toohey was found guilty in November 2018 and sentenced to a maximum four years and six months.
He contested his conviction on the sexual assault charge in the state’s Court of Criminal Appeal (NSWCCA).
In July 2020, the NSWCCA quashed Toohey’s conviction on the child rape charge, making him eligible for immediate parole.
It ruled Judge Bennett had failed to give adequate reasons for finding Toohey guilty and questioned why he rejected the part of the defence case related to the absence of certain sexual damage to the girl.
Toohey was released from prison in July last year.