‘Motherf***in boy wont stop cryn’: Dad charged with murder
THE father of a baby boy who was discovered unresponsive at home on Brisbane's Bayside allegedly told a friend two days before the five-month-old was found dead that he would kill the child if he didn't stop crying, a court has heard.
Adrian Joshua Wommie Ware was found unresponsive at the Russell St home at Cleveland on March 28, 2017.
His father, Kozan Samual Thomas Ware, is accused of killing his son and was arrested in June 2018 and charged with murder.
He was on Wednesday granted bail by the Brisbane Supreme Court -- more than two years after being remanded in custody over the child's alleged murder.
The court heard during the bail application before Justice Peter Callaghan that the child is believed to have been murdered sometime after 2.44am on the morning of March 28, 2017 but an ambulance was not called to the house until almost 9am that same day.
The court heard Ware told police his son had fallen from a single bed onto a concrete, carpeted floor about four or five days before his death.
But medical experts told the Brisbane Magistrates Court during an earlier hearing a fall of this nature was unlikely to have caused a head injury significant enough to cause the little boy's death.
In his reasons for granting bail, Justice Peter Callaghan explained baby Adrian was born prematurely and suffered from a number of medical issues after his birth, but was generally in good shape.
Justice Callaghan said the relationship between Ware and Adrian's mother was described by some as "toxic" and the woman would "often leave and not come home for days".
"Several witnesses have raised concerns about potential parental neglect. It was observed, both before and after Adrian's death, that the family residence was 'extremely unsanitary', in an untidy state and visibly dirty," Justice Callaghan explained.
"The elder children were 'grimy with a distinct body odour as if they had not bathed for several days. They appeared to have dirty unkempt hair with bugs residing in them'. There was evidence that both parents had behaved badly toward each other and the children."
The court heard in early 2017 the baby's mother disappeared and left Ware alone with Adrian.
During that period, he is alleged to have text another woman saying: "THIS MOTHERF***IN BOY WONT STOP CRYN IM GONNA END UP KILLIN RHIS (sic) KID SOON I SWEAR TO F***IN GOD".
The court heard the text was sent during a "difficult evening" at the home and things improved the next day.
But two days later, on March 28, 2017, when the child began crying in the early hours of the morning, Ware allegedly sent the same woman another text at 2.44am saying: "HEEELLLPPP MEEEEEEE".
Ware later told police he came into the baby's room after 8am the next day to find the child cold and without a heartbeat, with an injury above his lip, Crown Prosecutors allege.
Ware also allegedly told officers baby Adrian had rolled off the bed a number of times in the night, the judgement said.
It is alleged by the prosecution that Ware killed the baby by shaking him or subjecting the child to some blunt force trauma and an unsafe sleeping environment.
But in the judgement, Justice Callaghan said "the prosecution case of murder is difficult to discern" as the case was circumstantial.
He said there was not strong evidence that even if Ware had injured the child, he intended to kill him.
The court found the man was unlikely to flee Queensland while on bail.
"With respect, he does not present as an individual who is particularly well equipped to execute an 'escape plan'," the judgement said.
Ware's matter has not yet been listed for trial.
He was granted bail with a number of conditions including that he appear in court again in August, report to police daily, abide by a curfew and not go within 500m of a number of witnesses.
While on bail, he is unable to drink or take drugs and must wear a GPS tracking device.
Originally published as 'Motherf***in boy wont stop cryn': Dad charged with baby's murder