His lawyer argued on appeal the judge did not properly consider the possibility the boy’s mother, who was not charged, might have inflicted the fatal injuries???
They have got to be kidding. Powell is out on bail awaiting a new trial, he better keep his head down. This must be devastating for the family.This little boy didn’t fall between a bed and wardrobe.He bashed the little fella, the overwhelmingly proved that. This is on a point of law and this dog will be back in his kennel soon.Waste of taxpayers money
Brock Powell’s murder conviction overturned: Retrial ordered over toddler BJ Williams’ death
Brock Michael Powell had been found guilty of murdering his partner’s toddler, BJ Williams, and given a life jail sentence with a non-parole term of 21 years.
His partner’s son died in January 2012 from severe head trauma and had extensive bruising to his face, torso and genitals.
Powell said during the trial that he fell asleep and woke to find the toddler wedged between his bed and a wardrobe.
His lawyer argued on appeal the judge did not properly consider the possibility the boy’s mother, who was not charged, might have inflicted the fatal injuries.
Powell has been released on bail and is to face court again next Monday.
Toddler BJ Williams bashed to death: Murderer Brock Powell jailed for 21 years
A man who bashed a toddler to death will spend at least 21 years in prison.
The South Australian Supreme Court convicted Brock Michael Powell, 25, of murder after hearing he took out his frustrations on his partner’s two-year-old child, BJ Williams.
The court heard the man, who was drunk and on drugs, earlier fought with the boy’s mother about a debt.
Powell’s life sentence for murder carries a non-parole term of 22 years, but he has been given eight months’ credit for time already spent in custody and on home-detention bail.
The toddler died at a granny flat at suburban Melrose Park in January 2012.
Powell claimed the boy fell out of bed and got wedged against a wardrobe, but the prosecution said the toddler had blunt-force trauma to his head and extensive bruising, consistent with a beating.
Justice Tim Anderson said the sight of BJ’s badly bruised body must have been gut-wrenching for his family.
He said the number and extent of the injuries showed it was a vicious attack and medical evidence showed the degree of force applied was substantial.
Powell maintained his innocence and shook his head in the dock as the sentence was handed down.
Justice Anderson said Powell might have a future if he took advantage of training opportunities while in jail.
Nothing brings back my son, so doesn’t really matter how long he gets
Outside court, the dead toddler’s father Brendan Williams said no sentence could be sufficient.
“Nothing brings back my son, so [it] doesn’t really matter how long he gets,” he said.
“He’ll get what’s given to him while he’s in jail. He’s with the big boys – they’ll get him.”
Jody Ware, one of the toddler’s aunties, told reporters she was relieved Powell had not got away with murder.
Ms Ware said her nephew could finally be at peace.
“[He’ll] play in peace and enjoy his little buddies up there. Hopefully there’s a better life up there for him,” she said.
- Man murdered toddler after argument with boy’s mother, court told
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- Mother gives evidence in murder trial
- Alleged killer had been violent towards mother, court told
- Alleged killer admits lying to police about 2yo’s fatal injuries
- Man found guilty of toddler’s murder
- Murdered 2yo’s parents struggle to understand crime
Brock Michael Powell beat toddler to death in bedroom, Supreme Court told
August 20, 2013
A MAN beat a toddler to death after arguing with his partner about an alleged illicit affair, the Supreme Court has heard.
Brock Michael Powell, 24, is on trial for the murder of BJ Williams at Melrose Park in January last year.
In her opening, prosecutor Sandi McDonald, SC, said it was alleged Powell beat BJ to death.
Ms McDonald said BJ’s grandmother had been watching BJ and his sister while Powell, BJ’s mother, Latara Hunt, and a friend went out for the night.
She said the couple were living in a granny flat off the house of Ms Hunt’s mother, BJ’s maternal grandmother.
Ms McDonald said when the couple returned home, they collected BJ and put him to bed.
The couple then lay on their bed and spoke of Ms Hunt’s possible involvement with another man.
“Tempers flared and the two started to argue,” she said.
“The accused became agitated, the argument escalated and she (Ms Hunt) decided to remove herself from the situation, leave the room and go into the main house.”
Ms McDonald said at some stage after that Powell woke Ms Hunt and told her BJ wasn’t breathing.
Powell attempted CPR and emergency services were called before it was decided it would be quicker to take BJ to hospital themselves.
BJ was taken to the Flinders Medical Centre and later transferred to the Womens and Childrens Hospital.
“Nothing could be done,” Ms McDonald said. “Life support was turned off the next day.”
Ms McDonald said Powell had told BJ’s family, hospital staff and police “his version of events” in which he and Ms Hunt had both gone to bed.
“He heard a thump. He heard BJ make a noise, like a childlike noise, calling out in his sleep,” she said.
Ms McDonald said Powell had told people he could not see BJ, got out of bed and saw BJ “wedged” between the bedbase and wardrobe.
At that point he claimed he woke up Ms Hunt, she said.
Ms McDonald said the prosecution case was that Powell had not told the truth about what had happened to BJ.
BJ could not have sustained his injuries the way Powell described, she said.
He had sustained brain injuries and had extensive bruising around his face, torso and genital area.
Ms McDonald said the pathologist who performed the post-mortem would tell the court BJ had suffered a minimum of eight impacts.
“It is the prosecution case that these injuries did not come about as a fall of about 30cm onto a carpeted floor,” she said.
“This child had taken a beating. It was the accused who did that.
“It’s the prosecution case then that not only the number and nature of the injuries are inconsistent with (Powell’s) account, but the nature of the bedding arrangement was such that it could not have happened in the way that the accused has described to so many people.
“The only logical inference is the evidence that he effectively beat this little boy to death.”
The trial before Justice Timothy Anderson continues.