Cause of fatal head injury baby may remain unknown after father acquitted

It may never be known what causes a baby “catastrophic” head injuries†

However, a jury decided that his father was not responsible.

Poseidyn Pickering was a happy, clumsy and clingy baby, but in September 2020 he went from acting like his normal self, “full of smiles”, to growling and deeply unconscious.

The 10-year-old was rushed to hospital from his home in Manurewa, south Auckland. He died the next day.

READ MORE:
† Father accused of causing catastrophic head injuries to baby found not guilty of murder
† Dad lost patience over fatherhood and brutally assaulted son, Crown says
† ‘Significant force’ required to cause fatal brain injury to baby, court hears
† Auckland infanticide: Oranga Tamariki tipped off shortly before Poseidyn .’s death

Poseidyn’s father, Simon, was charged with murder nearly 20 days after his death.

Monday, after nearly three hours of deliberation, jury found him not guilty of murder or manslaughter. He walked off the dock like a free man.

During the 32-year-old’s trial at the Auckland High Court, the court heard that 12 people were living in the three-bedroom Kāinga Ora house when Poseidyn suffered his injuries.

Pickering shared a room and a double bed with his then-partner and Poseidyn’s mother Filoi Huakau, Poseidyn and another 2-year-old child.

Huakau’s sister, her partner and their three children also lived there, as well as Huakau’s mother, her partner and child.

Pickering and Huakau didn’t shy away from the fact that they weren’t perfect parents. Both told police they knew that Poseidyn should not have slept with them in a bed, but in a crib.

In the months leading up to Poseidyn’s death, the couple dated their two children and went without drinking for days.

Two days before Poseidyn died, Huakau dropped him on his head on the concrete floor while she was drunk.

Huakau and Pickering also fought over Poseidyn’s paternity – according to the Crown, Pickering’s nephew fathered the child – with Pickering allegedly punching his partner in the face.

However, the defense said there was never any doubt about Poseidyn’s father and that Pickering was not a violent or angry person.

Children’s health received anonymous tip about the residents of the William Ave home and met the family a few weeks before Poseidyn died.

At the time, Oranga Tamariki said it was investigating the concerns and working with the family.

Multiple questions were asked of Oranga Tamariki about their involvement in the whānau prior to Poseidyn’s death.

Oranga Tamariki spokesman Dee McManus-Emery responded in a statement, saying the organization has acknowledged Poseidyn’s tragic passing.

“The death of a pepi is sad and disturbing,” McManus-Emery said.

“The jury’s decision is independent. There is a period during which the decision can be appealed and so Oranga Tamariki will not comment. †

5 September

The day the baby suffered his fatal injuries, Huakau and her sister went to get oil to cook fried chicken and spring rolls.

Pickering was left with Poseidyn and his 2-year-old sister for 17 minutes – something that rarely happened, as Poseidyn was usually glued to his mother’s hip.

“He was a sook when I wasn’t there, but full of smiles,” Huakau said.

At the time, the Crown said, Pickering caused Poseidyn’s serious injuries — brutally attacking him after he became angry about his paternity.

But Pickering told police he had been playing on his Xbox while his two kids were playing “rough”. He heard a ‘dark’ and assumed Poseidyn had bumped his head against a windowsill.

The defense suggested this could have exacerbated the injury Poseidyn suffered when his mother dropped him two days earlier.

It was also suggested that his mother could have injured him after coming home with the cooking oil while Pickering was asleep.

When questioned by police, Huakau told police her son looked “normal” when she returned. However, she told a different story in court, saying he looked “gone”.

Huakau said she lied to the police, but only because she loved Pickering and wanted to protect him.

When Pickering awoke, his son growled, the court heard. Emergency services found a spongy patch on the back of the baby’s head, and when his brain was scanned at the hospital, it was determined that his injuries were not accidental.

The police and child protection team were called.

Finding the ‘autumn’

Before the police arrested anyone, a number of relatives spoke to the police. Pickering made three statements, including a voluntary video interview on Sept. 6.

On the day of Poseidyn’s tangi, Pickering is said to have told two of Huakau’s relatives that he got angry and backhanded his son, causing him to fly.

In court, Pickering’s lawyers said repeatedly that the conversation never took place and that the relatives were lying.

On September 24, a day before Pickering was arrested, Huakau’s great-aunt Philemonia Nathan held a meeting, which was taped.

At the meeting, she spoke about the need to find a “trap” or a scapegoat for Poseidyn’s death.

She initially denied that such a meeting had taken place. However, after further questioning, she admitted it was — but finding a “trap” meant finding the truth, she said.

On the recording, Nathan told the parents that they had to change their police statement to “clarify all this”.

Nathan repeatedly said that someone had to “take the trap” and that it “cannot be Si”.

“This is your son who’s gone. Someone has to pay for his death,” she said.

At the beginning of the trial, Pickering’s attorney Quentin Duff told the jurors that the police were “terribly, terribly wrong” when they arrested Pickering.

That position had not changed by the end of the trial.

Pickering didn’t know who or what was causing Poseidyn’s injuries and still doesn’t, Duff said—he was a kind man who wasn’t angry or violent.

Medical evidence

A number of medical experts testified at the trial. Most of their evidence was undisputed.

Dr Fiona Miles oversaw Poseidyn’s care from the moment he arrived at Starship Children’s Hospital.

While he was in the operating room, she spoke to the parents and asked what had happened.

The information they gave did not explain the injuries, Miles said.

dr. Rexson Tse, who conducted the post-mortem examination, said a bone in Poseidyn’s skull had fractured and pressed on his brain, tearing it.

Tse said it was a very serious injury and usually caused by a bullet or a knife.

The pathologist also ruled out a fall as the cause of the injuries, saying a lot of force should have been used – “like when a child was held in the head and then slammed against the windowsill, not just a passive fall”.

However, the medical experts were unable to determine what caused Poseidyn’s injuries.

In the end, the jury couldn’t either.

Police declined to say whether they would charge anyone else in connection with Poseidyn’s death.

“At this stage, we are not seeking anyone else in connection with this case,” Detective Sergeant Kevin Tiernan said.

“As this case is now under the coroner’s office, police have no further comment at this time.”