Brendon Toohey: baby killer to stand trial for alleged rape of 11-month-old girl

A convicted baby killer will face a second trial for the alleged rape of the 11-month-old baby girl he has already served for killing.

Convicted baby killer Brendon Toohey will face a second trial by a judge alone for the alleged rape of the 11-month-old girl for whom he has already served time and has since been released from prison.

The district court heard Thursday Toohey will face a five-day trial with a single judge to which he will appear next week via an audiovisual link from the Orange court complex.

The trial follows the conviction of the 42-year-old sheet metal worker for manslaughter of the little girl and the overturning of a conviction for the alleged sexual assault of the child.

Toohey, who is from mid-west New South Wales, will face a preliminary hearing Monday on a charge of sex, a person under the age of 10 under authority.

Police allege the child suffered horrific injuries, including blunt trauma.

Toohey was arrested on April 2, 2014 upon his arrival with the then unconscious child at Blayney Hospital.

The 35-year-old at the time was taking care of the infant while the child’s mother was hospitalized.

At 11:03 am on the day in question, he arrived at the emergency room at Blayney Hospital asking for help for the child who was sitting in his car.

The little girl was taken to hospital, but could not be resuscitated.

A court later heard Toohey say the little girl fell from a trampoline at a house in Mandurama, southwest of Bathurst.

He said the girl hit her head against a concrete septic tank while he was cleaning the line.

The direct cause of death turned out to be blunt trauma to the head.

An NSW District Court jury found Toohey guilty of manslaughter of the girl and he was sentenced to a maximum term of seven and a half years, with the period of non-release ending in October 2018.

A delayed judicial sexual assault trial was held before Judge James Bennett in September and October 2018.

Toohey was convicted in November 2018 and sentenced to a maximum sentence of four years and six months.

He challenged his conviction for sexual assault in the State Criminal Appeal Court (NSWCCA).

In July 2020, the NSWCCA overturned Toohey’s conviction for child rape, making him eligible for immediate parole.

He ruled that Judge Bennett had not given sufficient reasons to convict Toohey and asked why he rejected the part of the defense relating to the absence of certain sexual damage suffered by the girl.

Toohey was released from prison in July last year.

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