Accused Queensland baby killer applies for bail




Kozan Samuel Thomas Ware, 34, was charged with murder after Adrian Joshua Wommie Ware was found unresponsive in a Brisbane home in March 2017.

An autopsy revealed the boy suffered bleeding around his brain, a torn vein near his brainstem, damage to an optical nerve, and a wound to his scalp.

Prosecutor Caroline Marco says the injury was probably caused by deliberate blunt force trauma and or shaking.

But Ware's lawyer, Deborah Holliday, said the Crown's case was weak and was unlikely to secure a conviction for murder or manslaughter and her client should be granted bail.


"There are real issues raised in relation to whether the applicant is criminally responsible for the head injury and whether the injury caused the death," Ms Holliday told the Brisbane Supreme Court on Tuesday.

"There was nothing in the post-mortem that determined why the child stopped breathing," she said, reading from a doctor's affidavit handed to the court.

Ms Holliday presented evidence from a doctor who said sudden infant death syndrome could not be ruled out.

She said it was also possible Adrian's injury may have been from a fall off his bed, and a wound found on his scalp near to where the internal haemorrhage occurred backed this.

In opposing bail, prosecutor Caroline Marco said she accepted doctors had found it was possible Adrian's injury may have been caused by a fall.


However, she argued there was a lack of evidence from other occupants of the home to support this.

She said Ware did not mention that Adrian had fallen during his first interview with police.

He brought it up later in the investigation.

Ms Marco said doctors also concluded Adrian's fall was not likely to have caused his death because it allegedly happened days before he died.

She said the Crown's expert doctors found the head wound was probably caused by deliberate blunt force trauma and this may have led to Adrian's death.


"The only explanation for that head injury is other than by a fall, which is blunt force trauma and or shaking," she said.

Ms Marco said Ware's text messages in the days before Adrian died showed he was struggling.
Adrian's mother had said she did not want to return to the home and he was broke and exhausted, she said.

She said it was reasonable to suggest Ware had struck the child in anger and frustration.

A court has previously heard Adrian had a runny nose, a rash on his neck and scalp, abrasions on his head and face, and had vomited the day before he died.

He was also sleeping without bedsheets and there was clutter spread throughout the home, which was described as unhygienic and unfit for children.

Accused Queensland baby killer applies for bail Accused Queensland baby killer applies for bail Reviewed by Anson Moore on June 15, 2020 Rating: 5

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