A man who threw his stepson at a sofa, causing injuries that later killed him, has been jailed for nearly six years.
Phillip John Welsh in the High Court at Auckland. Photo: RNZ / Anneke Smith
Phillip John Welsh was sentenced for killing 17-month old Malcolm Bell in the High Court at Auckland today.
The 53-year-old threw Malcolm at a sofa last June, angry he felt the boy's mother was using him as a babysitter.
The boy was rushed to Starship Hospital, his brain bleeding and swelling, but died of his injuries a week later.
Welsh denied any wrongdoing, even pointing the finger at Malcolm's mother, right up until the eve of his trial last month when he pleaded guilty to manslaughter.
At his sentencing today, Malcolm's mother Savanna Bell told the High Court her baby's death haunts her at night.
"I see his little body being smashed over and over by you. He was a baby, a helpless beautiful baby boy. I panic, open my eyes, scream and cry and cry until there are no more tears.
"Seeing my son pass away is all part of a nightmare. You said you loved him like he was your own and I trusted you. You're a liar, a coward, a monster."
Malcolm's maternal grandmother Sophie Pokai said her life has been filled with stress, heartache and despair ever since his death.
"To have to sit at Malcolm's bedside and not be able to comfort him or take away his mamae (hurt) was one of the saddest weeks of my life."
Welsh began to cry in the dock, dabbing his face with tissue, as Pokai told the court watching her grandson die was the worst day of her life.
"Children and grandchildren are meant to bury their parents and grandparents, not the other way around. The accused has broken the circle of my whānau.
"He has taken one of my taonga away from me and Malcolm can never be replaced. For him, this I can never forgive him for."
Malcolm's paternal father Tom Richardson, said he now worried more about his living children and had made changes in his life to spend more time with them.
"As I sat with Malcom and watching him slowly die it was horrible to see; like watching a plant die slowly day by day. It was awful.
"The medical tests were awful and horrible to see. I rarely show emotion but this really hurt me and affected me badly."
Addressing Welsh, Richardson told the defendant he didn't understand why he chose to lash out at his son that day.
"You could have walked way, closed the door, done anything but no, you did what you did."
Justice Whata said pre-sentence reports showed Welsh had a deprived upbringing, marked by abuse and homelessness that had led to poor coping strategies and a propensity for impulsivity.
The judge gave him a 20 percent discount for his background and a further 10 percent for his late guilty plea but stopped short of imposing no minimum non-parole period.
"The violence in this case was brutal. Malcolm was thrown with such force that he suffered a very severe head injury.
"The harm to the victims is really incalculable and was aggravated by your denial of the offending and attribution of harm to Malcolm's mother."
Justice Whata jailed Welsh for five years and 11 months with a minimum non-parole period of 50 percent.
In a statement, Detective Senior Sergeant Geoff Baber said the baby boy should have been safe in his home.
He thanked the officers who'd worked on the case, saying it's never easy to work on such investigations but the police wanted justice for Malcolm.
Pokai said her grandson deserved better but was now at peace and would live in her and her family's hearts forever.
"My other grandchildren are always asking, 'Nana, where's Malcolm?' Tears well up in my eyes as I turn to them and say he is having a long sleep and he is playing with the angels."