The grieving father of a baby who died from “non-accidental” injuries while under the care of a babysitter wants the law changed so the carer can be tried again for murder.
Father Tony Murphy says the justice system let down 10-month-old Chloe, who died of head injuries while being looked after by Ketapat Jenkins.
Murphy told the Herald Sun: “I want a fresh trial, or the laws that govern double jeopardy to be looked at, because as far as I’m concerned there was a miscarriage of justice.”
Double jeopardy laws prevent a person from being convicted of the same crime twice, even if new evidence comes to light.
In 2014, Jenkins was acquitted of child homicide.
However, a retrial may be allowed if ‘fresh and compelling’ evidence is found, including DNA evidence.
Jenkins was ruled not to give evidence in the new inquest happening this week on the grounds of self-incrimination.
Murphy told coroner Jacqui Hawkins yesterday: “I’m a little bit dumbfounded that after everything that’s come out … that this woman has been able to go about her normal life.
Tony and wife Kat
“She will get on with her life like nothing’s happened, whereas I and (wife) Kat have to deal with this every day,” he continued.
After hearing evidence in the inquest, Hawkins will deliver her findings on the case in the next three to six months.
Murphy and his wife Phurithee ‘Kat’ Murphy went to a movie while Chloe was being looked after by Jenkins from 8pm-11pm on December 3, 2010.
Ketapat Jenkins
Little Chloe suffered brain bleeds, retinal haemorrhages, a broken arm and a fractured skull. Her life support was switched off three days later.
The inquest revealed a text message Jenkins sent to Murphy saying: “I did all stuff you said to me that I did to her”.
However, Jenkins has adamantly denied harming Chloe.
Yesterday Victoria Police declared the investigation still open and homicide detectives would consider any new information.
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