Baby Injury Case Acquittal (Press, 13 August 1985)

On 13 August 1985, a transsexual individual, Jonathon Craig Ross, now known as Marianne Siouxsie Komene, was acquitted of three charges related to the ill-treatment of a baby girl who suffered brain damage. The trial took place over four days at the High Court in Auckland. After four hours of deliberation, the jury returned with a verdict of not guilty, a decision supported by Mr Justice Chilwell, who shared his own doubts regarding Komene's culpability. Komene, 26, a sickness beneficiary residing in Royal Oak, faced grave allegations. She was accused of causing grievous bodily harm to the child recklessly and intentionally, as well as wilfully ill-treating her while having custody or control over her. The case stemmed from an incident on 13 March when the child was admitted to the hospital exhibiting signs of bruising and a swollen brain, leading to the prognosis of potential profound intellectual handicap. During the court proceedings, Komene confessed to the police that she had injured the baby by shaking or hitting her, claiming she did this to cover for her flatmate, another transsexual, Veronica Morrison. The child had been entrusted to Morrison by her natural mother and was being cared for by both Morrison and Komene at their flat. Komene described her relationship with Morrison as turbulent, portraying Morrison as the dominant figure, akin to a “mother,” while she herself was in a subordinate role. In her testimony, Komene expressed that her admissions to having harmed the baby were motivated by a desire to protect Morrison, whom she believed wanted her to take responsibility for the injuries. She asserted that all the actions she had confessed to were actually things she had witnessed Morrison do to the child. Defending Komene, lawyer Geoff Wells highlighted the absence of evidence directly linking his client to the assault. He emphasised to the jury that it was equally plausible that Morrison was responsible for the child’s injuries. Justice Chilwell further instructed the jury to consider both Komene and Morrison as potential suspects and to remain objective, setting aside any personal biases regarding the individuals involved in this complex situation. Ultimately, the trial exposed not only the tragic circumstances surrounding the child's injuries but also the challenging dynamics within the lives of those caring for her. The outcome left unanswered questions about the responsible party and raised broader issues concerning the treatment of vulnerable individuals in care settings.

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