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Coronial inquest to be held into death of Cairns toddler James Daniel Tabuai

In February 2013, a six-month-old boy died in Cairns and was later found to have “complex skull fractures”. Now, more than nine years on, Northern Coroner Nerida Wilson is holding an inquest into his death, seeking to answer the question: What happened to James?

Australia's Court System

ON THE night of February 1, 2013, the occupants of a home in Edmonton woke to find a little six-month-old boy – their son, grandson, nephew, cousin – not breathing.

Despite his uncle’s desperate attempts to perform CPR on his little body, and the care of paramedics and doctors at Cairns Hospital, James Daniel Tabuai was pronounced dead by hospital staff at 11.59pm.

It was not until later during an autopsy that forensic pathologist Professor David Walliams discovered complex skull fractures on both sides of James’ head, as well as haemorrhaging on the brain and behind his eyes.

Despite a police investigation that took statements from family members and friends, multiple expert opinions, the examination of relevant scenes, and covert strategies, no charges have ever been laid over James’ death.

Nor was the investigation ever able to identify how the injuries were inflicted, or by whom.

More than nine years on, Northern Coroner Nerida Wilson will hold a coronial inquest into James’ death, deeming it in the public interest to determine when, where, and how the six-month old died, and what caused his death, as well as whether any person contributed to his death.

Ms Wilson will also examine the adequacy of the police investigation into James’ death as part of the inquest.

Counsel assisting the coroner Molly Mahlouzarides told a pre-inquest conference in Cairns on Thursday James’ mum Synoa Tabuai, a single mother who was his primary caregiver, would give evidence at the inquest.

The inquest would also hear from Ms Tabuai’s mother Germaine Lenoy and her closest sister Renee Tabuai.

“They will speak of what they saw of Synoa’s motherhood. In particular Renee will speak about a number of incidents she witnessed where James fell off a bed or Synoa kicked his baby walker, but nothing so violent to explain the fatal injuries,” Ms Mahlouzarides said.

Ms Mahlouzarides said it was two weeks before James’ death on January 15, 2013 that Synoa took him to a doctor in relation to episodes of vomiting.

“There he was seen to be unusually subdued for a child of his age. He did not cry or respond to a finger prick test. The doctor referred them to the hospital and told Synoa to take him to the hospital immediately but she did not do so,” Ms Mahlouzarides said.

“Her story as to why has changed over time – that she did not hear the doctor say those things or that James’ condition had improved so that it was no longer necessary.”

The court heard in the days preceding James’ death – around the Australia Day public holiday – James seemed “quieter and less interactive” than usual, and appeared to have lines or bags under his eyes.

Synoa Tabuai. Picture: Facebook
Synoa Tabuai. Picture: Facebook

Ms Mahlouzarides said Ms Tabuai had noticed James’ head was sensitive and he would cry in pain when she touched it during bathtime or when she put a hat on his head.

Then, on the night of February 1 at Ms Lenoy’s home in Edmonton, James was put to bed.

One of the children in the house pointed out to adults that James was making a deep gasping noise.

“And when this seemed to resolve, they went to bed. It was at about 10.30pm that night that (James’ uncle) Ehammed (Anderson) woke to discover James was no longer breathing.”

Ms Mahlouzarides said Professor Williams during his autopsy noted there were multiple injuries of different ages and mechanisms, concluding “there had been multiple episodes of trauma including a severe head impact several weeks prior to death that probably caused the terminal brain swelling”.

She said further expert opinions had been obtained, with others generally placing the timing of the injury much closer to James’ death.

Ms Mahlouzarides said Professor Anthony Lamont, a radiologist, and Dr Zachariah Cooper, a biomechanical engineer, both said the fatal injury would have required substantial force.

As Professor Williams is now retired, the court heard forensic pathologist Dr Paul Botterill was conducting a review of the expert evidence gathered so far.

Ms Wilson acknowledged James’ family and “all who loved and cared for James in his short lifetime”.

“I trust that the inquest will provide answers to those (questions) that remain unanswered to date as to the circumstances of James’ death. May James rest in peace.”

The inquest will begin on June 6.

matthew.newton1@news.com.au

Originally published as Coronial inquest to be held into death of Cairns toddler James Daniel Tabuai

Original URL: https://www.themercury.com.au/news/cairns/coronial-inquest-to-be-held-into-death-of-cairns-toddler-james-daniel-tabuai/news-story/587422acc5fb42a4dbba858a41607579