Dad calls for babysitter to be retried with double jeopardy laws
The grieving father of a 10-month-old who died from critical injuries suffered in the care of a babysitter acquitted for her murder is demanding a retrial under never-before-used double jeopardy laws.
Anthony Murphy said the system badly let down his daughter Chloe, who died in hospital on December 2010 two days after she was left in the care of Ketapat Jenkins at the babysitter's Kensington home.
A panel of nine medical experts told an inquest last week Chloe's injuries were consistent with her being shaken and thrown against a surface.
The witnesses said they were probably non-accidental and had occurred after the baby was dropped off.
“I want a fresh trial, or the laws that govern double jeopardy to be looked at, because as far as I’m concerned there was a miscarriage of justice,” he told the Herald Sun.
Double jeopardy laws prevent a person from being prosecuted for the same offense twice, even if new evidence comes to hand.
However, under certain circumstances a retrial may be allowed - one of which is if 'fresh and compelling' evidence against the person comes to light, including DNA evidence.
Mrs Jenkins was found not guilty of child homicide in 2014, but the Coroners Court of Victoria heard she could be retried if fresh and compelling evidence arose.
Coroner Jacqui Hawkins finished hearing evidence on Thursday and will deliver her findings in the next three to six months.
Earlier in the week, Mrs Jenkins was excused from testifying after her barrister objected on the grounds of self-incrimination.
Barrister Mandy Fox argued any evidence Mrs Jenkins gave could potentially expose her to another prosecution.
Victoria Police said on Thursday that the investigation into Chloe's death is still open and homicide detectives will consider any new information.
“I’m a little bit dumbfounded that after everything that’s come out … that this woman has been able to go about her normal life," Mr Murphy told coroner Jacqui Hawkins yesterday.
“She will get on with her life like nothing’s happened, whereas I and (wife) Kat have to deal with this every day. And I think that’s wrong.”
Mr Murphy and wife Phurithee 'Kat' Murphy, dropped little chloe off at Mrs Jenkins' Kensington home in 2010 and went to a movie.
It was the second time Mrs Jenkins babysat Chloe.
The Murphys returned three hours later to find their daughter limp. They rushed her to the Royal Children's Hospital with what turned out to be a significant brain injury, fractured skull and arm, and eye haemorrhages.
Chloe died two days after, when her life support was switched off.
Mrs Jenkins has consistently denied harming Chloe deliberately or accidentally.
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