Darwin mum behind bars as young boy in care with alleged serious injuries

A young NT mother is behind bars after she and her close friend were arrested and charged with child abuse offences as her infant son was taken into care.

A YOUNG Darwin mother is behind bars after she and her close friend were arrested and charged with child abuse offences as her infant son was taken into care, allegedly having suffered serious injuries.

The boy’s 29-year-old mother faced the Darwin Local Court on Friday charged with failing to supply “the necessaries of life”, attempting to pervert the course of justice and being an accessory after the fact.

Her friend, a Nigerian social work student, also faced court on Friday on the same charges — except the accessory charge — as well as unlawfully causing serious harm and making a false declaration.

The names of both of the accused have been suppressed to protect the identity of the child who is now in the care of Territory Families.

In applying for bail, the woman’s lawyer, Lucinda Nadj, said the Charles Darwin University student from Sri Lanka has never been in trouble before and the charges would be contested.

“I’m instructed she has not so much as received a speeding fine since she’s been here in Australia,” she said.

“I’ve looked through the brief provided and can’t find how they’re substantiating charge one, which is the fail to provide necessaries of life.”

Ms Nadj said her client was herself “incredibly vulnerable” and had been fleeing domestic violence when she was arrested.

“With regard to the flight risk, your honour, her child is here in the care of Territory Families, I can’t see her leaving her child behind in Darwin,” she said.

“She’s indicated that she wouldn’t leave her baby in any event and is incredibly distressed about her child being taken away from her.”

The man’s lawyer, Jackson Meaney, said going forward, the committal process would “focus on the medical evidence” and whether the child’s injury could be explained as a “paediatric fracture”.

“There is some account in his record of interview where (my client) suggests that the young child has rolled off the bed,” he said.

“I understand that there have been cases in the past where mandatory reports have been made due to what appear to be very, very serious injuries, however, in the end they’re eventually found to be consistent with paediatric fractures.”

In ordering the woman be released on bail on Monday, judge Dick Wallace said her son being in Darwin and the fact she had surrendered her passport made her a low flight risk.

“It seems to me on the allegations against the defendant, even if fully made out as they’re very likely to be, the risk of her reoffending in the current state of affairs is virtually nil and the risk of her running away is not much higher,” he said.

But Mr Wallace said it was the first time in his long career he had encountered a charge of failing to provide necessaries and “I don’t think anyone knows what it means in these circumstances”.

In also bailing the man, Mr Wallace said he had provided a “relatively innocent account of what happened” despite having lied to police about other things.

“There aren’t clear inferences that arise from a custodial person telling lies about how a child came to be injured, that’s the trouble, there’s all sorts of reasons people have to fib about such things,” he said.

“It’s hardly a sophisticated conspiracy, it’s equally consistent with the panic arising from the sudden realisation that ‘I shouldn’t have left this kid on his own’.”

The pair will return to court in February.