Accused baby murderer Kozan Samuel Thomas Ware has applied for bail in the Brisbane Supreme Court.

June 9, 2020

A father who likely killed his five-month-old baby with a blow to the head should not be released from jail, Queensland prosecutors say.

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

Ware’s lawyer, Deborah Holliday, told a bail hearing on Tuesday in the Brisbane Supreme Court that the Crown’s case was weak because there were alternative explanations for what caused the child’s injuries.

She also said the intracranial bleeding found during an autopsy may not be the cause of baby Adrian’s death.

“There was nothing in the post-mortem that determined why the child stopped breathing,” Ms Holliday said, reading from a doctor’s affidavit handed to the court.

Ms Holliday presented evidence from another doctor who said sudden infant death syndrome could not be ruled out as the cause of death.

She said it was also possible Adrian’s injury may have been the result of a fall, and an abrasion was found on his scalp near to where the internal haemorrhage occurred.

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 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 that 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 also found the abrasion on his head could have been 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.

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 on mattresses without bedsheets and there was clutter spread throughout the home, which was described as unhygienic and unfit for children.

The hearing continues.