A father caused a ‘catastrophic brain injury’ to his baby son by ‘shaking him to death’ while they were left alone, a jury has been told.
The trial of Oliver Mailey began today at Preston Crown Court, where he is accused of murdering his seven-week-old son Abel Jax Mailey in November 2021.
Mailey, 26, of Piccadilly Road, Burnley, has admitted to manslaughter but has denied the charge of murder, claiming while he accepts causing Abel Jax's death he did not do it deliberately.
On the opening day of the trial, prosecutor Tim Cray KC told the jury how on Sunday November 28, 2021, paramedics were called to Piccadilly Road in Burnley after receiving calls a baby in the house was unresponsive.
Abel Jax was taken to Royal Blackburn Hospital but was later transferred to Royal Manchester Children’s Hospital, where he died on November 30.
Mr Cray told the jury expert medical evidence shows Abel Jax had suffered catastrophic brain damage, and there were many sites of bleeding inside and around his brain.
There were also severe bleeding and tearing injuries to both Abel’s eyes, and the damage to his brain stem would have caused him to stop breathing.
Mr Cray explained the overall pattern of injuries to the brain, eyes and nervous system was consistent with "deliberate and forceful shaking", and the injuries caused by shaking, the oxygen starvation, bleeding and swelling, led to Abel’s collapse and subsequent death.
Mr Cray said while the injuries related to shaking on that morning, there was also evidence of older, healing, injuries to Abel’s brain, suggesting earlier shaking injuries in the weeks before the fatal attack.
The post-mortem examination also showed a series of old and healing fractures to Abel's ribs, sustained between four and 10 days before Abel’s death.
The fractures were caused by forceful compression and showed side to side force had been applied. It is possible the rib fractures had been caused by more than one episode of forceful compression, he added.
Mr Cray said: “The extent of the force involved in causing Abel’s injuries was severe.
“For example, splitting in the retinas is very characteristic of abusive head trauma and equivalent force in accidental injuries is only seen in a car accident or a fall from a multi-storey building.
“Injuries of this kind are not caused by accident or run of the mill mistakes in the care of an infant.”
Mr Cray told the jury Oliver Mailey pleaded guilty to manslaughter, meaning he does not dispute the fact he shook Abel Jax, but he denies intending to cause serious harm to his son.
Mr Cray asked the jury to consider three points – who the victim was, the extent of the injuries, and that defendant had hurt Abel Jax before.
Mailey began a relationship with Abel's mother, Mollie Gorton, in 2020, but it had been fraught at times, particularly when she fell pregnant.
Mr Cray said: “There was tension between the defendant and Mollie during the early months of Mollie’s pregnancy.
“In part, this was due to reluctance on the defendant’s part to believe that he was Abel’s father due to his low sperm count, something he repeatedly told Mollie, which she found hurtful.
“The problems were bad enough for the defendant to move out. The problems carried on from February to July and are extensively detailed in messages between them.
“Part of the arguments also involved the defendant’s continued contact with his ex-partner, Jade Baker and her son.
“A further source of tension was that although there was little money in the household, both the defendant and Mollie were regular users of cannabis.
“Mollie says she was trying to cut down her use but that the defendant was unable to do the same.
"The phone records show that he was arranging to buy cannabis on the Sunday morning that Abel was killed.”
Mr Cray also made reference to a cut on Abel Jax’s ear which was noticed on November 19, and concern was raised by a family member over Mailey’s attitude toward the care of his son.
There was also reference made to the fact Abel Jax would cry uncontrollably when left alone with the defendant.
On the morning of November 28, Mollie went to work around 11.15am but was video-called less than 45 minutes later by Mailey, and could see Abel’s limp and lifeless body in the background.
An ambulance was called and Mailey said he had tried to give his son a bottle but he “just went limp”.
Abel Jax was taken to hospital with Mollie questioning the defendant as to whether he had shaken their son.
The tot died on November 30 when his life support was withdrawn, aged seven weeks old, and the defendant was arrested on suspicion of murder the following day.
Mailey denies murdering Abel-Jax Mailey.
The trial continues.
Share