Accused played poker as boy lay dying, court told

Patricia Angela Pickering in the Auckland High Court where she faces a charge of murder. Photo / Paul Estcourt

Dylan Rimoni was in bed struggling to breathe and slowly dying from a brain injury while his caregiver Patricia Pickering played internet poker waiting for him to recover.

Pickering, 38, waited and waited for the 3-year-old's breathing to improve but instead it got shallower, his body became more rigid and his eyes rolled back, prosecutor Phil Hamlin told the High Court at Auckland yesterday.

She was waiting because Dylan had been "head injured" by her before and had always recovered. But on April 16, 2008, when he did not improve, Pickering rang 111 in a panic and told the operator: "He's in a deep sleep."

He did not wake and died two days later when his life support was switched off.

A post mortem examination revealed extensive brain damage that caused his brain to swell and bleed.

The Crown alleges Pickering inflicted the fatal injury some time that night by slamming Dylan's head against a hard surface. She is charged with his murder, two counts of causing grievous bodily harm and assault. She has pleaded not guilty.

Giving his closing address to the jury, Mr Hamlin said Pickering claimed Dylan had gone to sleep in his bed in the lounge, vomited when he woke before then having a shower and then going floppy.

But he suggested she put him in the shower to try to revive him and that was why he had scratches on his arms and chest.

"He was a dead weight at 13.7kg and not responding."

Mr Hamlin said Pickering tried to explain the injuries by saying her partner gave Dylan a backhand to the head or he fell from the trampoline because she needed something to tell the doctors, ambulance staff and police.

"Because children don't just fall down dead at home."

The lawyer said a doctor who gave evidence for the Crown had no difficulty finding a clear, distinct pattern of injury and at least two previous episodes of brain injury.

The older injuries were important because they showed Dylan had been injured before without suffering any accident.

The court heard Pickering might have had good intentions at first, but her dream of having a child had fatal consequences.

"This child was beaten for a long time. This child was hit, cut, maltreated over the time he was in Ms Pickering's care. He was dead in her arms, effectively, on April 16, 2008. He was never able to recover ."

Mr Hamkin pointed to "powerful" evidence that suggested Pickering was the one responsible - including evidence from a neighbour who allegedly heard her yell, "If you don't shut your mouth I'm going to punch your head" followed by thuds and whimpering.

A hair found in an indentation in a door was likely to be from Dylan. Forensic tests could not prove conclusively it was his but tests showed a link with the family of Dylan's mother, who was not related to Pickering.

Pickering's lawyer, Frank Hogan, will give his closing address today.