The jury in the trial of a Fijian-born plumber charged with the murder of a 16-month old child has retired to consider its verdict.
The child was allegedly shaken violently and slammed against a wall.
Abhinesh Sharma, 37, has been on trial in the High Court at Auckland charged with the murder of Sachin Dhani, who died at Auckland's Starship Hospital on June 21, 2007 of head injuries.
Sachin, from Remuera, was found badly injured 13km southeast of downtown Auckland after police stopped a car being driven erratically on June 19.
Summing up, Justice Geoffrey Venning told the jury the case depended largely on circumstantial evidence.
"The issues are whether Sharma killed Sachin by assaulting him, and did he have murderous intent?" Justice Venning said.
Crown prosecutor Phil Hamlin earlier told the jury the Dhani and Sharma families were close, as the wives were sisters. Both families were originally from Fiji.
On June 19 2007, Sharma was babysitting his nephew Sachin and his five year-old sister and three-year-old brother. Sharma and his wife also have five-year-old twins.
Sharma telephoned Sashi Dhani, Sachin's mother at 8.06pm, telling her she had to come quickly. Sachin had sustained serious injuries and was unresponsive.
When Mrs Dhani asked Sharma what happened he said he was in the bathroom and did not know.
Mrs Dhani said a nurse at Ascot Hospital asked her lots of questions because the injuries were serious.
She told the court Sachin was not responsive, so was transferred to Starship Hospital. He died two days later.
Mr Hamlin told the court Sharma had become frustrated and angry with Sachin.
"He picked him up and shook him violently. He slammed him against the wall and floor. His body went floppy, and his head became swollen like a balloon. He rapidly lost consciousness, and he never recovered from his fatal injuries," he said.
Counsel for Sharma, Geoff Wells, accepted that Sachin was left in Sharma's care on the day he suffered the fatal injuries, which were caused by impact force.
But he rejected the Crown case that the fatal injuries were caused by Sharma.
Mr Wells said Sachin's death was accidental, and Sharma did nothing whatsoever to cause his death.
