Three people accused of the manslaughter of Nia Glassie have argued they are not guilty because they were not there when she was fatally injured.
The Crown alleges Wiremu and Michael Curtis murdered Nia by kicking her in the head on July 20 last year, causing her to fall intoa coma and die.
The jury at their trial in the High Court at Rotorua must decide if Michael's girlfriend, Oriwa Kemp, and Nia's cousin Michael Pearson were party to the Curtis brothers' alleged act and are therefore guilty of manslaughter.
They must also decide if Nia's mother, Lisa Kuka, is guilty of two manslaughter charges, for failing to provide medical treatment and failing to protect her daughter from violence.
Kuka allegedly allowed Nia to lie in a coma for 36 hours before taking her to hospital, but her lawyer yesterday argued that the 3-year-old might still have died if medical help had been sought sooner. The lawyer, Panama Le'Au'anae, focused on evidence from paediatrician Patrick Kelly, who said there was no certainty Nia would have survived if taken to hospital earlier.
Mr Le'Au'anae said the timing of when Kuka became aware Nia was unwell was crucial, and he asked the jury to accept her statement that her daughter was in bed when she arrived home on July 20.
Kuka told police she did not become aware anything was wrong with Nia until she bathed her at 4am on July 21, but the Crown argues that Kuka knew the toddler was unwell by 9pm on July 20.
Mr Le'Au'anae said Kuka worked long hours and was not at home either when Nia was fatally injured or during earlier alleged assaults, and therefore had not failed in her parental duty to protect the child from violence.
Oriwa Kemp's lawyer, Bill Lawson, also argued that his client was not present when Michael and Wiremu Curtis allegedly kicked Nia in the head.
"She wasn't there. She should not be held criminally liable for something she did not do."
When she had seen wrestling moves done by the brothers, she had tried to stop them, and told them it was "not on", Mr Lawson said.
Michael Pearson's lawyer, Harry Edward, acknowledged Pearson was responsible for isolated incidents involving Nia, but said he lacked intent to cause her suffering.
He said the notion of "secondary participation" in the acts of the Curtis brothers when Pearson was only ever a visitor to the house where the abuse allegedly happened was unprecedented.
