A MAN accused of killing a three-year-old boy in Derry is to face an amended charge of manslaughter.
Liam Whoriskey (25), of Glenabbey Gardens in Derry, had been on trial accused of the murder of Kayden McGuinness in 2017.
The toddler was found dead in his Colmcille Court home on 17 September.
Yesterday jurors at Derry Crown Court were told the indictment in the case has been amended from murder to manslaughter.
The defendant, who denies the amended charge, then took the witness box to testify on his own behalf.
Under questioning by defemce lawyer Ciaran Mallon QC, Whoriskey agreed that he had been interviewed on numerous occasions following the child's death and had provided details of his movements on the dates in question.
When asked why he had given 'no comment' answers to some of the questions he said: "I never assaulted Kayden McGuinness and I certainly didn't kill Kayden McGuinness."
Under cross examination by Peter Irvine QC for the prosecution Whoriskey was asked if there were bruises on the child when he went to bed he said no.
He was asked if he didn't cause the bruises who did and answered 'I don't know.'
Mr Irvine put it to Whoriskey that he had not seen any bruises when the mother had left the house and he agreed.
The defendant was challenged to 'give a logical explanation' for the bruises and he replied "I can only say that when he went to bed there were no bruises."
In reference to a witness who said he heard Whoriskey speak to the child in a way he described as "vile and disgusting behaviour" Whoriskey replied: "I fully disagree with that I never spoke to a child in the way he described."
It was suggested to the defendant that after taking the child out on the afternoon prior to his death he had been "browned off" at the behaviour and he accepted he had said to the child's mother that he was never taking Kayden out again.
He was also asked had he checked on the child after he had gone to bed and he replied: "Erin always said that once he was asleep he was asleep and I had no occasion to go into Kayden's room."
Mr Irvine put it to Whoriskey that he was "becoming more and more annoyed with his behaviour and you were becoming more and more aggressive."
The defendant disagreed with that.
It was put to Whoriskey that the child went to bed at 6.30pm on the Saturday with no bruises but "was covered in bruises" the next morning.
He replied: "I certainly did not do anything you suggested."
Mr Irvine concluded: "It was you wasn't it?
Whoriskey replied: "I am telling you it wasn't."
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The trial also heard from the Republic's state pathologist who told the trial that it was not possible to determine exactly when the bruises were caused.
Dr Linda Mulligan described to the court the areas of the head where the bruising was found after she performed a second post mortem on September 27 2017.
Dr Mulligan said the injuries could have been caused by what she described as "minor trauma".
She said cause of death was "minor force trauma to the head" but added that when the bruises were sustained "cannot be determined with any certainty".
Under cross-examination by Mr Irvine Dr Mulligan said that the bruises could have been caused by fingertips or hands.
But she agreed the bruising could not have been accidentally caused.
It was suggested to her that a previous witness, Dr Ingram the assistant state pathologist for Northern Ireland had been asked could the injuries have been caused on the Friday, before the child's death and had answered "absolutely not".
Dr Mulligan said she was "surprised'" at this as it was difficult to say when the injuries were sustained.
The witness said as it was not possible to determine when the injuries were sustained.
The trial continues.
