A man accused of manslaughter and unlawful sexual intercourse with a baby will argue there is no proof of any crimes alleged against him, an Alice Springs court has heard.The defence says it will argue that his actions did not constitute manslaughterDuring the second day of the Supreme Court trial into the death of five-month-old baby Michael Smedley on July 26, 2012, the defence delivered their opening address to the jury.
The defence will argue that the seven sperm heads collected from baby Michael did not prove assault or the gender of the person who may have put them there.The jury also heard testimony from Michael's mother, Tayla Smedley, who was 16 years old at the time. Ms Smedley told the court she placed the baby in Ms Cole's care, while she and her partner at the time lived in their car, after fleeing domestic violence.Ms Smedley testified that Michael was a"happy, healthy, little boy".
Ms Smedley said the first she knew of any trouble was when Mr Deighton called her just before 11:00am on the day Michael died.
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