Parents of dead boy not negligent, says lawyer

The death of four-month-old Caleb Tribble was tragic -- but it would be even more tragic if his parents were convicted of his manslaughter, the High Court at Whangarei was told yesterday.

Caleb died of blood poisoning on December 5 as a result of a urinary infection caused by a reflux condition.

His parents, David and Catherine Tribble, have pleaded not guilty to manslaughter and to another charge of failing to provide the necessaries for Caleb between November 26 and December 5, 2003, endangering his life.

This morning the jury retired to consider its verdict.


In his closing address, David Tribble's lawyer Ron Mansfield yesterday said the key point in the case was whether the Tribbles had been grossly negligent in not taking their sick son to hospital.

He told the jury the parents were unaware of Caleb's urinary infection and believed his weight loss and dehydration were caused by a tummy bug and could be reversed through feeding.

His parents would have to live with his death for the rest of their lives.

"It has shaken their confidence in themselves as parents ... it should not shake their confidence in our community."

Much had been made of the couple's religious beliefs but their beliefs did not exclude medical intervention and health workers had always been welcome in their home, he said.

"They believe in prayer, they believe in faith -- and in medicine."

He told the jury that corporate organisations tended to avoid liability and that should be considered in the evidence of a public health nurse who visited the family home.

Catherine Tribble's lawyer Arthur Fairley said the baby's death was a tragedy.

"I suggest that it would be even more tragic if parents of this baby had visited upon them a criminal conviction ."

The Crown was trying to drive home a conviction against a mother who had been described as a "super mum", a woman who in her mind devoted herself to her children, he said.

The couple could not have been in breach of their duties as parents because they had been guided by the medical world throughout Caleb's illness.

The judge was to sum up today before the jury retires to consider its verdict.

The case continues.

- NORTHERN ADVOCATE (WHANGAREI)