THE Singleton mother of deceased toddler Jordan Thompson had a vested interest in deflecting interest away from herself, the jury in the manslaughter trial of her then boyfriend, Cecil Patrick Kennedy, was told.
In summing up, defence barrister Linda McSpeddin said that in April of 2005, weeks after the 21-month-old's death on March 19, his mother Bernice Swales was taking notes of conversations with Kennedy and providing them to police, in collaboration with them.
"Was that with a vested interest to deflect any interest in her having been responsible for the death of the child," Ms McSpeddin said.
During that same time, she was aware the police had a listening device in place to gather evidence, she said.
"Isn't Bernice Swales doing the ultimate self-serving act, in that she ... knows the police are listening in? That in itself would raise a concern about Bernice's denial about being the one that gave the child the anti-depressants."
The crown's case is that Kennedy, 51, who has pleaded not guilty to the alleged unlawful killing of baby Jordan, gave baby Jordan anti-depressants which he was prescribed.
The jury was told that traces of those anti-depressants, Endep, were found in a blood sample later taken from the toddler, medication which police later found in Kennedy's wardrobe.
The jury is faced with a number of propositions in order to find Kennedy guilty. Either that he was legally responsible for the baby's death because he either committed an unlawful and dangerous act, by giving him anti-depressants which caused his death, or which substantially caused his death by drowning (in the bath); or that he was criminally negligent because he administered a drug to him and left him in the bath unsupervised, knowing that could cause his death; or that he was criminally negligent when he left him in the bath unsupervised knowing that he was under the influence of a drug, or was unwell, causing his death by drowning.
Kennedy began a relationship with Jordan's mother, Bernice Swales, in November 2004. On the afternoon of March 19, 2005 Ms Swales went to run some errands and left her son in the care of Kennedy.
When she returned home, Jordan was unresponsive.
She rushed him across the road to Singleton Base Hospital, but he could not be resuscitated.
The trial continues, with the jury expected to be sent out to start their deliberations tomorrow, Wednesday, September 6.
