A man accused of murdering a baby allegedly told the infant’s mother to hold her crying child before he killed him, a court has heard.
Benjamin Joseph Swann, 30, appeared in Melbourne Magistrates Court, where his ex-partner testified about the events leading up to the death of her son on January 19, 2024. Swann, who has pleaded not guilty to the murder charges, has been committed to stand trial in the Victorian Supreme Court.
The woman described how Swann entered the boy’s bedroom around 3 a.m. after hearing him cry through a baby monitor. She said she turned off the monitor’s sound to try to sleep, but later heard a loud bang. When she asked what happened, there was no immediate response.
She claimed that Swann then returned to the room, holding the child, and said, “Take this f—– baby before I kill him.” She took the boy from him, holding him until Swann returned with a bottle. The child appeared fine at first, but the woman noticed he began to wheeze and his skin color changed. She immediately told Swann to call an ambulance.
Swann allegedly told her not to call emergency services right away, but she did so. Swann performed CPR on the baby until paramedics arrived.
The child was rushed to Werribee Mercy Hospital, where a pediatric registrar described him as struggling to breathe, cold to the touch, and with small bleeds in his eyes. He was later transferred to the Royal Children’s Hospital in Melbourne, where doctors determined his brain injuries were fatal.
The mother did not initially tell detectives about the alleged threat and the bang when she gave her first police statement on January 19. She admitted that she did not mention the details until police suspected the death was intentional.
She explained to the court, “Before that, I had not thought that someone I was in love with and wanted to be (my son’s) father could do something so horrendous… It was not something that I wanted to say to anyone lightly.”
The woman also revealed that Swann had previously made similar threats to her. Earlier in January, police had responded to claims that Swann had choked the woman until she lost consciousness. Swann denies these allegations of family violence.
Magistrate Abigail Burchill ruled that there was enough evidence for the case to proceed to the Supreme Court. Swann has formally pleaded not guilty to charges of murder and child homicide. He will face a directions hearing on March 19.
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