'Desperate' mother let son drown, court told

The Auckland High Court. Photo / Dean Purcell

A "desperate" mother murdered her 13 month-old baby son by leaving him alone to drown in a deep bath, a court has heard.

The Crown alleges the 29 year-old mother-of-two filled the adult bath with water, almost up to the boy's shoulder level, put toys in with him to play with and then left him alone for 15 minutes.

When she returned, she found him face down in the water and pulled him out and shook him. Her murder trial at the High Court at Auckland today heard she didn't try and revive him with CPR or dial 111, but put him on a bed wrapped in blankets and towels.

She says the death was accidental and has pleaded not guilty.

The accused has interim name suppression as do her husband and daughter, to protect her identity. The name of the dead boy is also suppressed.

Opening the Crown case, prosecutor Rachael Reed said the woman was normally a "careful and safety conscious mother-of two" , but on the morning of November 8 last year she made a deliberate decision to leave the baby alone in the bath.

"She could not cope with both of her children and could see no way to solve the problem except for his death."

Ms Reed said soon after the woman's husband - the baby's father- went to work she ran the bath to a level between his chest and shoulders and placed him in the bath, surrounded by toys to play with.

She soaked him and then turned and walked away. She closed the door until it was almost completely shut and went into the kitchen and made breakfast for her 5 year-old daughter.

Both children returned to the woman's care two days before the baby was killed. They had been in CYF care for a number of months.

The jury were told there was no reason for the woman to go to her daughter because the 5 year-old wasn't calling out to her and she had never left the baby alone in the bath before.

Just a couple of weeks before his death he was being bathed in the baby bath and toppled over so [name suppressed] knew he was unsteady and likely to fall over, Ms Reed said.

"The Crown case is she deliberately left him in the bath knowing he was unsteady."

As to the how and why she acted that way, Ms Reed said it was clear she was "desperate".

Addressing the jury, the woman's lawyer John Anderson said the baby's death was an awful accident.

"She thought her son was strong enough not to fall over."

The lawyer said the woman was in a major depressive state at the time of his death.

The Crown will call 25 witnesses.

A jury of 11 women and one man has been selected to hear the trial that is expected to last between two and three weeks.