BS injury that contributed toward me getting convicted and accepted by judge Lynton Stevens as fact for sentencing No3, bruising below and below front of left ear.

1.       Sentencing remarks.jpg 

This ‘injury’ was most definitely against evidence Judge Lynton Stevens was well aware of.  It was seemingly made up, by Dr Patrick Kelly, Crown specialist paediatrician.

2. Dr K, Starship hospital notes 41.jpg

3. Dr K, Starship hospital notes 49.jpg

Shows Patrick Kelly was present and controlling the photographing and recording of every tiny single blemish on Melissa eleven hours after her admission to Starship, and yet bruised ears were not photographed.

4. Dr K, Starship hospital notes 47.jpg  This ‘injury’ is Point D Patrick Kelly told the jury was part of the supposed ‘extensive’ bruising of the left ear.

 5. Dr K, Trial 281.jpg

 Despite not photographing these Patrick Kelly described them elaborately to the jury. He said it was difficult to see in the photos.  It was impossible to see!  The photos taken at Tauranga and Starship hospitals presented to the jury, did not show ears.  It could only be post-mortem photos he was referring to.

Of sixty or so people who saw Melissa prior to Patrick Kelly examining her and the photographer taking photos as he pointed things out, not a single other person reported his ‘finding’.  

6.  Dr K, Trial 307-308.jpg

Patrick Kelly said the notable suspicious ‘injury’ was “bruising to both earlobes”, “typical locations for child abuse”.  So why did he not see the importance of photographing them? When Tauranga hospital took photos upon Melissa's admittance, they did not photograph them, only the things that did exist.  A minimum of three photo shoots were done, but no photos supported this. Patrick Kelly did ensure photos were taken of other insignificant things though. 

7. Paramedic W. Statement 1 & 3 Statements 1 & 3 to police saying there was no ear bruising

8. Paramedic W. Trial 34.jpg

9. Paramedic W. Trial 38.jpg

but of course he didn’t mention this at trial, but instead watered that down to a very non-descript comment of ‘no external injuries except a cheek graze’.  This paramedic had become quite nasty when police re-charged me.

10.   Paramedic W, Trial 55.jpg  My lawyer re-confirms for Judge Stevens what prosecution covered, but Judge Stevens still went against the evidence.

11.Dr Z, Trial 466.jpg  Dr Z Crown forensic paediatric pathologist refused to comment on bruised ears when the Crown prosecutor tried to make her do so, saying there was no evidence of it.  

12. Dr D, postmortem Statement.jpg  Dr D, the pathologist who performed the autopsy did not report any ear bruising.

13.   photo 1.jpg

14.   photo 2.jpg

These photos are post-mortem; those being the only ones taken of Melissa's ears, or at least that weren’t edited out.  I have never been permitted to see what the jury was shown, because it was ruled inadmissible some photos Patrick Kelly gave them.  He gave them graphic morgue photos to ensure an emotive conviction immediately after the horrific case of Nia Glassie also held at the Rotorua courthouse, and the only photos of the ears would have been post-mortem ones.  As you can see there is NO bruising below and below front of the left ear. 

Good old Judge Stevens, if there is no evidence from prosecution to prove the ears were bruised and in addition they deliberately cut out all photos of the ears because it would prove they weren’t, then accept it as fact anyway because Patrick Kelly said so.