Coronial inquest to investigate baby Matthew Riley Baxter’s death in 2011
A coronial inquest will search for answers into how a six-week-old baby died years after his father was acquitted twice for his death.
A coroner will examine the death of a newborn baby more than a decade ago after the boy’s father was twice acquitted of killing his son.
Six-week-old baby Matthew Riley Baxter died of severe brain injuries in Townsville Hospital on November 6, 2011.
His father Nicholas Aaron Baxter was originally charged with murder following the death.
While he was acquitted of murder by a jury in 2017, he was ultimately found guilty by the same jury of the lesser charge of manslaughter.
He was convicted and sentenced to nine years behind bars.
However, upon appeal his conviction was quashed in May 2019 and a judge-alone retrial was ordered.
Mr Baxter was then found not guilty of manslaughter by Justice David North in 2021.
Justice North ruled that the Crown case against Mr Baxter was largely circumstantial, including evidence about fractured ribs that Matthew sustained weeks before his death.
Mr Baxter was cleared on all charges, and he has at all times denied the allegations made against him.
The cause of Matthew’s death has now become a question for coroner Stephanie Williams in the Queensland Coroner’s Court to determine.
During the first pre-trial hearing on Wednesday, counsel assisting the coroner Jeffrey Hunter KC said despite Mr Baxter’s acquittal, “questions remain” about Matthew’s death.
“His Honour (Justice North) said what caused Matthew’s cardio-respiratory collapse and death remains a matter of speculation,” Mr Hunter said.
“The task then falls to this court to make findings if possible about what happened.”
Mr Hunter said Matthew had been resuscitated but was “deeply unconscious” when he was originally brought to the hospital on November 3, 2011.
Mr Hunter said following a series of brain scans, it was decided to withdraw Matthew’s life support because of an “absence of brain activity”.
The inquest was told that medical experts, including several who gave evidence during Mr Baxter’s two trials, are expected to be called to give evidence during the four-week coronial inquest set down for March 2025.
Mr Hunter said the coroner could re-examine the medical evidence heard at trial, including evidence about Matthew’s broken ribs.
“Whilst inadmissible in the criminal proceedings, respectfully we see no reason why that evidence could not be received in coronial proceedings when the rules of evidence don’t apply and the standard of proof is the balance of probabilities,” Mr Hunter said.
“Having said that, the ultimate significance of those fractures will be a matter for you (Ms Williams) to consider.
“We submit it useful, if not vital, … to obtain reports from independent specialists, radiologists and pediatricians and we say that particularly bearing in mind the ongoing controversy about the science regarding what’s sometimes referred to as the triad of injury that seem to be some diagnostic of shaking baby syndrome.”
Mr Hunter said he did not expect to call Matthew’s mother to give evidence.
“There’s no suggestion she played a role in what occurred and … we don’t see any reason to call her for evidence about the death of her infant son for a third time,” Mr Hunter said.
The inquest was told Matthew’s mother was attending a boat licence course at the time her son was taken to hospital.
Mr Hunter raised several other issues he believed that there was “no purpose” for the coroner to inquire about, including the police investigation into the death or the standard of care Matthew received at Townsville Hospital.
Ms Williams adjourned the matter to January 21 for further mention ahead of the March 2025 inquiry.