The Rotorua household in which Nia Glassie was allegedly victimised and suffered fatal head injuries was "rudderless", a High Court jury at Rotorua was told today.
Opening the defence, Jonathan Temm, lawyer for Michael Curtis, 21, one of five people on trial over the three-year-old's death, said the poverty-stricken, overcrowded Koutu house "drifted along".
It was a place where "children had children" and where there were parties and drugs, Mr Temm said.
There was no maturity among the inhabitants who fell into distinct family units - Michael Curtis, his partner Oriwa Kemp and their small child, and his 19-year-old brother Wiremu and much older partner Lisa Kuka plus her children, including Nia, from another relationship.
Kuka worked from "dawn till dusk" (packing kiwifuit at Te Puke), leaving Wiremu Curtis in charge of Nia.
The Crown had not proved that Michael Curtis, who along with his brother is charged with Nia's murder, had no control of the toddler other than to sometimes take her to kohanga reo, Mr Temm said.
His client was not related to Nia and not a primary caregiver.
He had told Kuka she should take the ill child to hospital and Mr Temm questioned what responsibility fell on him to do more.
"Without any shadow of a doubt something happened to Nia. The question is what."
He contended that the kicks to the little girl's head which the Crown says led to her death were not inflicted by Michael Curtis.
Michael Curtis admitted doing wrestling moves twice on Nia but said there was a big, thick mattress on the floor to prevent injuries, Mr Temm contended.
There was wrestling in the house after Wiremu Curtis stole a Playstation in a burglary on or about July 14, 2007, a few days before the ill treatment leading to Nia's death.
Mr Temm said there was stupidity and over-exuberance on the part of Michael Curtis, but not criminal conduct.
Nia was spun on a clothesline but it was Wiremu Curtis who did that.
The case had attracted huge publicity and media interest and no right-minded person could sit and listen to "Nia's life and death" and not be moved by it.
It had been hard to keep tears at bay, Mr Temm said.
But the jury needed to be impartial and objective in determining the verdicts.
As well as the Curtis facing murder charges, Kuka, 35, her nephew Pearson, 20, and Kemp, 18 are charged with manslaughter.
