KEY POINTS:
The doctor who saw babies Cru and Chris Kahui just before they were taken to hospital says he asked their parents whether they had been dropped on their heads.
Dr Gopinath Nayar, of Otahuhu Family Medical Centre, said he knew the babies were very unwell and needed to be taken to hospital immediately, he told Manukau District Court today.
Dr Nayar was giving evidence at a depositions hearing for Chris Kahui, who is charged with murdering his twin sons Chris and Cru.
Dr Nayar said he first saw Cru and his mother Macsyna King for a respiratory problem on June 7, prescribed some medication and asked them to return for a follow-up check a week later.
On June 13 Kahui, Ms King and the twins returned to the clinic about 1pm and Dr Nayar examined them soon after.
"I could see that they were not behaving normally and were very unwell," Dr Nayar said.
"I told them that they should be taken to hospital immediately, and they seemed to get the message."
Dr Nayar said the babies were not behaving normally and had audible respiratory problems, large bruises and needed hospital care.
He said he did not raise concerns about whether the children were injured accidentally - an issue he did raise in a later call with a paediatrician at Middlemore Hospital - but he did ask one question about their injuries.
"During the consultation I asked the parents whether the children had been dropped on their heads," Dr Nayar said. "The parents said no."
"My main concern was for the twins. I thought it was the wrong time to ask about that and that it would be raised in hospital."
Dr Nayar said Kahui and Ms King showed little emotion as he told them how unwell the children were.
"They did not break down in tears, they weren't angry, they weren't hysterical. They seemed calm and quiet."
The pathologist who did the post mortem on the babies, Dr Jane Vuletic, said both babies died of traumatic brain injury.
She noted both had six ribs that had been fractured for at least 14 days before their death, and Chris also had two ribs with fractures a few days old.
Earlier, Ms King's sister Emily King said she tried to wake Macsyna early on June 13 to tell her that one of her sons was having trouble breathing but Macsyna just went back to sleep.
The sisters had been out drinking and singing with Emily King's friend Ginta Gaile in west Auckland the previous night and arrived back at Emily King's place some time after 1am on Tuesday morning.
Emily King said her sister went to sleep on the couch, after which her husband said that family members had been around that night looking for Macsyna as one of the babies had stopped breathing.
"I lifted her head and shoulders and tried to wake her. She opened her eyes and responded but didn't really understand and she went back to sleep," she said.
"She's hard to wake up when she's tired."
When Macsyna was told about the breathing problems again the next morning she became more upset. Emily King said she lent Macsyna her car, which she used to get home to the babies.
Later that day Macsyna sent Emily a text message to say the babies were in hospital, after which she visited them there, and was told the babies were seriously injured and that Child, Youth and Family would be notified.
Emily King visited the Kahui household after visiting hospital, and said she got no reply when she asked Kahui how the babies were injured.
After the babies were transferred to Starship Children's Hospital, Emily King said she saw Kahui and her sister having a conversation. She said Macsyna got angry but she didn't hear what they were talking about.
Judge Roy Wade also warned media not to publish anything prejudicial to the trial and said one opinion piece published in the Herald on Sunday could be in contempt of court.
He said the column probably harmed the prosecution case more than the defence and said the Crown should look at notifying the Solicitor-General, which had been done by the end of the day.
The hearing is expected to continue until Wednesday or Thursday, at the end of which a decision will be made whether Kahui should be committed to trial.
- NZPA
