Defence objections at a murder trial in western Newfoundland brought a temporary halt to testimony on Wednesday.
Corner Brook resident Jeffery Tippett, 35, is being tried for second-degree murder in the January 2007 death of Tameron Rose, an 11-month-old boy. Tippett's girlfriend was the child's babysitter.
The Crown was questioning David Buckley, a pediatric neurologist from the Janeway children's hospital in St. John's.
A severely brain-injured Tameron had been brought to hospital in Corner Brook, but was soon flown to the Janeway in St. John's, where a team of specialists started work on him immediately. The child died the next day, however.
Buckley, who examined Tameron in St. John's, told the Supreme Court of Newfoundland and Labrador jury that the baby's symptoms were consistent with a "non-accidental injury."
That prompted defence lawyer Keir O'Flaherty to jump to his feet with an objection. O'Flaherty demanded that the jury be sent out of the room while he told the judge his concerns.
A publication ban covers their subsequent discussion. However, it is clear that the exact nature of Tameron's injuries is emerging as a critical issue at Tippett's trial.
Earlier, pediatric ophthalmologist Dorothy Bautista testified that Tameron's injuries were consistent with shaken-baby syndrome, and that the amount of bleeding in the vessels of his eyes was consistent with a fall on the head from a three-storey building.
On cross-examination, however, the defence revealed that the autopsy confirmed a skull fracture. That appeared to be at odds with evidence presented Monday, which showed that internal head trauma caused the child's death.
After hearing O'Flaherty's objections, Judge Alan Seaborn asked for time to consider Crown and defence lawyers' arguments.
The trial was expected to resume Thursday afternoon.
Read more: http://www.cbc.ca/canada/newfoundland-labrador/story/2010/09/23/tippett-trial-objection-923.html#ixzz12Vx3wCHK