KEY POINTS:
A medical expert says questions remain unanswered over the fatal injuries Chris and Cru Kahui sustained due to the way the post mortem examination was carried out.
Dr James Ferris, a forensic pathologist, told the High Court at Auckland this afternoon, some essential tests and inspections on the twins had not be carried out, which could have given a more accurate picture of how the injuries were sustained and when.
Chris Kahui is charged with the murder of his three-month-old twin sons Chris and Cru Kahui.
The crown says Kahui fatally injured the twins on June 12 2006 while the defence say someone else, probably the twins mother Macsyna King hurt them.
Dr Ferris said twins injuries indicated they had been hurt five to seven days prior to their death but could have been hurt earlier than that.
Dr Ferris questioned key medical experts for the crown Dr Patrick Kelly, a consultant paediatrician and Dr Jane Vuletic, the pathologist who carried out the post mortems.
In particular the tissue behind the eye of the twins had not been inspected, which would have given a better indication of what type of injury and when it had occured, he said.
Dr Ferris said it was very difficult to age fractures because of the healing factor and the sampling of tissue around the bone would have provided a better parameter of timing.
Accurate examination of babies brains was a "nightmare" he said which was why he had to be very cautious about the interpretation of findings.
Dr Ferris also questioned why Dr Vuletic had not detected the haemorrhaging in one of the twins' brains and said important testing and additional information had been overlooked because of it.
Dr Ferris said it was not necessarily a given that the twins would have had an immediate reaction to any traumatic blows to the head.
The babies could have had a reaction anywhere from several minutes to several hours after the initial impact, he said.
Whether the child was normal and lucid during this interim period would depend on the accuracy of the observer, he said.
"It's only usually when seizures occur that people become aware of the neurological symptoms."
Dr Ferris said it could not be excluded that the twins had been hurt earlier in the day.
Earlier Justice Geoffrey Venning told the jury a delay in yesterday's proceedings had been due to defence lawyers and crown prosecutors deciding whether to call as a witness Po Hepi, the husband of Emily King, Macsyna's sister.
Mr Hepi had been called as a defence witness but a warrant was issued for his arrest when he could not be found.
When Emily King gave evidence she told the court her husband did not want to give evidence and would not tell the defence where he was.
Justice Venning told the jury both the crown and defence had chosen not call Mr Hepi as a witness and they should not speculate about why he was not being called.
The trial continues tomorrow.
- NZPA
