LESS than two hours after Hunter Valley toddler Jordan William Thompson was left in the care of Cecil Patrick Kennedy, the 21- month-old boy was pronounced dead.
His mother had left him in Mr Kennedy's unit in Singleton just before 5pm that Saturday afternoon nearly 20 years ago, to go to the shops.
When she got back, she ran into the bedroom to find her son lying naked on a bed, as Mr Kennedy, he then boyfriend, allegedly told her 'Jordy' had fallen into, or out of the bath.
A short time later, at 6.55pm, after all efforts to revive him were unsuccessful, the little boy was pronounced dead at Singleton Hospital.
Mr Kennedy, 52, has pleaded not guilty to one count of manslaughter over the child's death on March 19, 2005.
Outlining the case against him at the start of his trial earlier today (Tuesday, August 13), Crown Prosecutor Kate Nightingale said that an autopsy of the child's body found traces of the same anti-depressants prescribed to Mr Kennedy.
In a police interview later the same day, Mr Kennedy had a different story, Ms Nightingale said.
He did not say that Jordan had fallen in or out of the bath, but that he had left him alone in the tub for about 40 seconds, and when he returned he was face down in the bath.
But the child's mother, Bernice Swales, along with the nurse who was first to see Jordan and a doctor who treated him, said the child was dry.
A forensic pathologist who will give evidence during the trial will say that while he could not positively exclude drowning as a cause of death, he found no signs of drowning and he later concluded, after analyses of the boy's blood, urine and stomach contents, that the cause of death was amitriptyline toxicity, Ms Nightingale said.
There were traces of the same substance, an antidepressant, found in the bath water, as well as in the vomit on clothes that Jordan had been wearing earlier that day, the court heard.
Mr Kennedy allegedly told police he did not know anyone who took those tables, but in a secretly recorded telephone conversation with his mother he talked about returning to the unit to get the medication before the police found it, the court heard.
The case against Mr Kennedy is that he lied about why he put Jordan in the bath, and how long he left him there, and that he gave him the anti-depressants found in the toddler's system.
A jury of 15 before Sydney District Court Judge Craig Smith SC are being asked to decide whether Mr Kennedy is responsible for Jordan's death by either giving him at least one dose of amitriptyline within 24 hours of his death which either caused his death directly, or that the effects were a substantial or significant cause of his death by drowning.
Defence Barrister Linda McSpedden said that there were three possible explanations for the toddler's death, and one of them was drowning, which was "equally available" as any other.
Highly qualified experts differed in their opinions as to what was most likely to have occurred, she said.
The trial, estimated to take up to two months, continues.
