Toddler fell twice on night of his death, says accused

A Somalian man denied murdering his 20-month-old son and told gardai the toddler fell twice on the night he was killed, the Central Criminal Court heard today.

Garda Sergeant PJ Rowan (now retired) told the court that the accused man, Yusif Ali Abdi, claimed his son Nathan’s death was an accident when questioned by gardai on the day of the killing.

Reading from interview notes taken between 1.10pm and 5.50pm on 17 April, Mr Abdi told gardai the toddler fell as he was cradling him and he did not murder his son.

"I wanted to spend some time alone with Nathan. I took Nathan on the settee where I was sleeping." Mr Abdi told gardai he had not seen his son for the previous two weeks and had missed him.

"I was cradling him and last thing I remember was Nathan falling on the floor." He said he took Nathan into the kitchen where "he fell down again".

He was "panicking" and checked to see if Nathan was bleeding. He then rang an ambulance.

Det Sergeant Rowan said the accused was asked in a subsequent interview "do you accept violence was used on Nathan"?

"I can’t say anything" the accused replied.

Gardai then put it to the accused that "Nathan died a violent death last night" to which the accused made no response.

Earlier, the toddler’s mother, Ms Amanda Bailey, told the jury she never believed the child was in danger from Mr Abdi, her estranged husband.

"Joe [Mr Ali Abdi] never raised his voice to him." Asked by defence counsel Mr Tom O'Connell SC if she had ever seen the accused strike Nathan, she said never.

She said the accused's anger was directed at her, not the child. "I never, ever thought he would touch Nathan. His anger was all directed towards me".

Ms Bailey told the jury that the accused was subjected to a number of racial taunts that appeared to effect him. He had a tendency to sleep on the couch and on the night of the killing she was "pretty sure he slept in the living room."

The court has heard evidence that the accused allegedly took the toddler from his bed where he was sleeping beside his mother and brought him into the living room and locked the door. When Ms Bailey climbed a chair and looked through a fanlight she could see the child’s arm.

"What was Yusif doing?" asked Mr O’Connell. "He was praying", Ms Bailey replied.

She agreed that she remained in contact with the accused from about two to three months after his arrest. "He needs someone to look after him. He doesn't have any other family", she added.

In other evidence, Dr Mark Whitty, a GP, said he had referred the accused man to the Mater Hospital in January 1998 as he was complaining of stomach pains and flashbacks.

He was prescribed low-level anti-depressants. It was felt that psychiatric problems could be the underlying cause of his physical symptoms.

But, according to a letter from the Mater’s psychiatric services, the accused lacked the normal "classic criteria for Post-Traumatic Stress Disorder".

Questioned by Mr Michael Durack SC, prosecuting, Dr Whitty said he prepared a report in November 1998 for the Department of Justice in connection with the accused’s application for refugee status.

Dr Whitty said he saw the accused six times in 1999 and six times in 2000. In early 2000, Dr Whitty referred him to Naas General Hospital and he was prescribed a mild sedative. Reports from the Mater said Mr Abdi’s "complience with treatment was intermittent."

Dr Whitty agreed with the prosecution that the accused’s visit in February 2000 was in the context of an altercation between Mr Abdi and the gardai.

Yusif Ali Abdi (aged 30) a Somalian but with an address at The Elms, College Road, Clane, Co Kildare denies murdering Nathan Bakara Andrew Ali on 17 April 2001 at College Road, Clane.

The trial continues tomorrow.