Court quashes dad’s manslaughter conviction over baby death
A QUEENSLAND father sentenced to nine years jail for killing his six-week-old son has had his conviction quashed and a new trial ordered by the state's highest court.
The Court of Appeal in Brisbane this morning ruled in a majority 2-1 decision that Nicholas Aaron Baxter, an ex-army corporal from Townsville, should have his manslaughter conviction quashed.
His son Matthew died on 6 November 2011, three days after Baxter is alleged to have shaken or struck him.
The two majority appeal judges ruled that the trial judge should not have allowed evidence of earlier rib fractures suffered by baby Matthew to be heard by the jury.
The jury heard that Matthew suffered fractures in the days and weeks before he suffered the ultimately fatal injury in November 3, and they saw x-rays of his injuries.