Father of Chloe Murphy wants a fresh homicide trial for her babysitter
THE father of a baby who died from ‘non accidental’ injuries while she was being looked after by a babysitter is demanding justice for his little girl.
THE father of a baby who died from “non accidental” injuries while she was being looked after by a babysitter wants the law changed so the carer can be tried again for murder.
Chloe Murphy’s life support was switched off in December 2010, two days after she was left in the care of Ketapat Jenkins at the babysitter’s home in Kensington.
Mrs Jenkins was acquitted of child homicide in 2014 but her devastated father wants a retrial.
“I want a fresh trial, or the laws that govern double jeopardy to be looked at, because as far as I’m concerned there was a miscarriage of justice,” Tony Murphy told the Herald Sun.
Coroner Jacqui Hawkins finished hearing evidence yesterday and will deliver her findings in the next three to six months.
Earlier in the week, Mrs Jenkins was excused from testifying after her barrister objected on the grounds of self-incrimination. Mrs Jenkins was found not guilty of child homicide in 2014, but the Coroners Court of Victoria heard she could be retried if fresh and compelling evidence arose.
Barrister Mandy Fox argued any evidence Mrs Jenkins gave could potentially expose her to another prosecution.
Mr Murphy told the Herald Sun he couldn’t understand how she was able to get on with life “like nothing’s happened”.
Victoria Police said on Thursday that the investigation into Chloe’s death was still open and homicide detectives would consider any new information.
Chloe’s parents, Anthony and Phurithee Murphy, dropped her at Mrs Jenkins’ Kensington home in 2010 and went to a movie.
It was the second time Mrs Jenkins had babysat Chloe.
The Murphys returned to find a limp Chloe, who they rushed to the Royal Children’s Hospital with what turned out to be a significant brain injury, a fractured skull and arm, and eye haemorrhages.
A panel of nine medical experts told the inquest Chloe’s injuries were probably non-accidental and had occurred after the baby was dropped off.
Chloe died two days after she was taken to hospital.
Mrs Jenkins has consistently denied harming Chloe deliberately or accidentally.
The lead investigator into her death told the Coroner medical evidence pointed to Chloe being critically injured when she was with Mrs Jenkins.
“It became clear that the injuries sustained occurred during Ketapat Jenkins watching over the child,” Detective Leading Senior Constable Justin Tippett said at the hearing this week.
A close friend of Mrs Jenkins gave evidence on Wednesday about talking to the babysitter after Chloe was hospitalised.
“She sounded frightened and said she had looked after Chloe that night,” Suparat Charuchinda said through a Thai interpreter. But Mrs Jenkins has always denied dropping the baby, the woman said.
“She said that nothing like this happened during the time in her home, in her care,” Mrs Charuchinda told Coroner Jacqui Hawkins.