Post resubmitted after it was censored by deletion from my blog, by those who have to save face no matter how ruthless, malicious and vindictively they stoop.  The evidence proving Patrick Kelly of Starship an absolute liar was taken down by them.

BS injury that contributed toward me getting convicted and accepted by judge Lynton Stevens as fact for sentencing No1, swelling and soft spots were detected on Melissa's head.

 



1. Sentencing remarks.jpg

2. (SOF), Versions 1 & 2.jpg

Despite all the evidence that Melissa did not have swelling and soft spots, both versions of the crown summary of “facts” said she did.  Judge Lynton Stevens very obviously went by this and chose to ignore the fact that no evidence was brought up by medical experts to say there was.  This is exactly how the ‘bruised ears’ was put to the court and accepted as ‘fact’ too.  Evidence proved they did not exist so was not presented by the Crown.  The jury were led to go by say-so alone and Judge Stevens ruled these as fact without any evidence whatsoever. 

  

3. Paramedic W, Statements 1 & 3.jpg

It would seem the police ‘mistakenly’ edited "Not" out of his statement.  The paramedic and police interviewer were fluent in English.  Anyone fluent in English will identify that a word has been eliminated.

However in his third statement it was typed up correctly.

The direct statement that there was no swelling and soft spots on Melissa’s head was conveniently eliminated from trial and my lawyer Rachael Adams refused my instruction to include the paramedics statements.  

Paramedic E the reasonable professional one, had never mentioned there was swelling or soft spots at trial or otherwise.

 

 

 4. Paramedic W, Trial 34, 38 & 55.jpg

My lawyer re-confirms for Judge Stevens what prosecution covered, but Judge Stevens still went against the evidence.

 

5. Dr J, Statement 2.jpg

Dr David Jones, Tauranga hospital specialist paediatrician. Police statement of 23 July 2007.  Of course he like Patrick Kelly crown specialist paediatrician failed to mention this to the jury and once more my Lawyer refused to question him on it.

 

6. Dr K, Starship hospital notes 41 & 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.

 

7. Dr K, Starship hospital notes 47.jpg

Patrick Kelly absolutely nit-picked Melissa to pieces at Starship hospital to try and basically make out she was bashed beyond recognition.  All totally innocent blemishes and marks on Melissa were noted as ‘abuse’ I’d done, along with a number of made up ones.  A photographer was there with him, taking photos as directed.  This is what he said of swelling and soft spots and yet he excluded this from his discharge summary, two police statements and trial. 

     My lawyer failed to ask him of this at trial and told me that if the Crown do not lead it, she is not permitted to bring it up.  If that is true then how can the “justice” system in the least think it is just?  So what she is saying in effect, is that trials have to be totally in control of what evidence the Crown want to pick and choose for a conviction and if something disputes it and they cover it up, tuff. 

     Of course Patrick Kelly did not bring this up in court.  He did not want there to be anything brought up in my favour.  He was not the least bit objective. 

     Melissa’s impact to the left forehead did not cause a bump or soft spot, perhaps because it was not anywhere near as great a force as Patrick Kelly wanted the judge to rule it was. 

    

8. Brent Trial 631

Also, my husband thought he saw a ‘bump’ at the back of Melissa’s head, so the Crown prosecutor eliminated all evidence that proved there wasn’t as it was in my favor and so that my own husband could contribute toward getting me convicted. 

My husband mistook the normal shape of the back of Melissa’s head, as shown by the evidence from the medical experts that this was totally non-existent.

 

9. Brent. Statement 1. 04 Jan 2006 Pg 6.jpg

 

10.   Brent. Statement 2. 11 Jan 2006 Pg 16 & 17.jpg

As can be seen by the reliability of my husband’s evidence, he also mistook the grazing on Melissa’s cheek as being on both sides at his immediate statement interview; but as he did not add a forehead graze on both sides, the Crown prosecutor did not mention this at trial; as Patrick Kelly had explained away a supposed right side forehead graze ‘seen’ by Dr Jones as covered in bandages although he went on to describe the area in detail (See: BS injury that contributed toward me getting convicted and accepted by judge Lynton Stevens as fact for sentencing No4, Patterned abrasion to the right side of forehead), but to highlight a cheek graze also on that side would advertise to the jury the blatant lies of them being on that side, especially unsupported with photos. 

This is also why when Dr B Tauranga hospital emergency medical officer wrote to CYFS mistakenly saying the cheek and forehead graze was on the right only, Patrick Kelly exploited that to her saying a forehead graze was on each side, as it contradicted her medical notes.  At trial he said both Dr Jones and Dr B said there were left and right forehead grazes, but eliminated the right cheek graze, as Dr Jones had done.  However, Dr B said only the correct side of both grazes at trial.

My lawyer Rachael Adams did no bring up with my husband nor Dr B that they had mistaken a mark on the right cheek, when they gave evidence. 

Nor that not a single one of the medical experts saw or felt the ‘lump’ supposedly seen by my husband.

Nor any of the evidence above that proved there was no swelling or soft spots on Melissa’s head.