Cairns crime: Coroner takes aim at witness at inquest into death of baby James Tabuai

Coroner Nerida Wilson slammed a witness over “this business of being vague” and warned he was “in serious territory” at the second day of an inquest into the horrific death of a six-month-old boy in Cairns.

CORONER Nerida Wilson warned a witness at the inquest into the violent death of baby James Tabuai to get serious and said she had difficulty understanding how he was in the room with the six-month-old for some time and had no information.

She asked counsel assisting, Molly Mahlouzarides, to show witness Ehammed Anderson pictures of the fractures to the child’s head.

Ms Mahlouzarides emphasised it was a non-accidental broken skull consistent with James having been dropped from a height of greater than two metres.

“Those injuries were caused by someone in the house that night,” Ms Mahlouzarides said.

An unemotional Mr Anderson said “it was the first he’d heard of it” and “it’s a bit of a shock to me now”.

Mr Anderson, who was in the bedroom with James and several other children, told the court at the inquest into the death of James at an Edmonton home that he had alerted his wife Dannielle Tabuai and her sister Synoa Tabuai, the mother of James, that he was “breathing funny” earlier in the night.

Ms Tabuai checked on her son and allegedly said “that’s how he always breathes” and continued drinking on the driveway.

Mr Anderson told the court he woke later in the night and checked to see if James was all right.

“He wasn’t making any noise, his lips were sort of like bluish,” he said.

Ms Tabuai ran into the bedroom and grabbed her son and Mr Anderson performed CPR on him on the kitchen table while another family member called triple-0, the court heard.

Ms Tabuai did not go in the ambulance with James and family members picked her up later on when a doctor at the hospital said he wanted to speak with her.

James was pronounced dead at 11.59am on February 1, 2013.

Mr Anderson painted a picture of Ms Tabuai as a garrulous drinker who he said had been seen to treat the child roughly on occasion.

He also said he heard a loud bang as Ms Tabuai entered the bedroom, but later in his evidence he said it sounded like a metal door handle hitting concrete.

Ms Mahlouzarides noted Mr Anderson had called police on February 4 and said Ms Tabuai almost dropped him, and that he didn’t know if James hit his head on the table as he placed the child there.

“Were you trying to get in early with an innocent explanation for things an autopsy would find, were you trying to cover up for someone, or for yourself,” Ms Mahlouzarides asked.

Mr Anderson said he could not remember in response to many questions.

Ms Wilson ultimately interjected.

“That happened in the house,” she said, referring to the photographs.

“And you were in the room with that child, when Ms Mahlouzarides is asking for your response she is being serious, it’s time to focus, all this business about getting vague, you were in the room with James and alerted his mother.

“You see I have some difficulties, you mean you can’t remember anything that might assist me to form some conclusions about what caused those injuries, despite the fact the baby was laying on a bed (in a room) with you for some time,” Ms Wilson.

“I’m going to ask you again at the end if there’s anything else that you wish to say, because you can understand the territory that we’re now in, that you are one of the people that was the last to see James and present in the house when these injuries were sustained,” Ms Wilson said.

“So it does not get more serious than that.

“So this business about being vague and not understanding and you know, it’s all just coming to you … I want you to think seriously about that.”

She adjourned the court briefly, instructing Ms Mahlouzarides to advise Mr Anderson about being compelled to give evidence and “what the options are pursuant to the coroner’s act”.

Earlier, Ms Tabuai’s sister Dannielle said Ms Tabuai allegedly “forcefully” kicked her seven-month-old baby’s walker away from her on the day the child died

Another sister, Renee Tabuai, said she nagged Synoa over parenting issues.

“Because Synoa wasn’t … she was a good mum and everything, she wasn’t ready to just be mum, she still wanted to have her fun,” she said.

Both sisters sobbed as they gave evidence.

Originally published as Cairns crime: Coroner takes aim at witness at inquest into death of baby James Tabuai