‘Saw him throw him into the water': Witness claim at bail application for manslaughter-accused dad
Police allegations surrounding Jaye Lee Walton's case were revealed during a bail application before Ipswich Magistrates Court on Thursday.
Dressed in prison greens, Mr Walton did not react beyond acknowledging his name to Magistrate Robert Walker when he was beamed into court via audiovisual link.
The 42-year-old fisherman is charged with the manslaughter of his baby son, Reef Hunter Walton, on July 12.
The court was told Mr Walton, his partner Amy Stevenson and Reef camped overnight at Chatsworth Park, near Gympie, while travelling home to Innisfail in Far North Queensland.
Reading from material filed for the bail affidavit, Magistrate Walker said Mr Walton was alleged to have consumed all of a 4 litre cask of wine the night before and still cared for his son – who was teething – through the night.
The next morning, at breakfast, Reef became unsettled and Mr Walton said he would take the child for a walk to the toilet block and clean him up, Mr Walker said.
'After about 30 minutes, you failed to return, so she (Ms Stevenson) went to check,' Mr Walker read from the material.
It is alleged Mr Walton was found asleep, 'lying down' at the edge of a pond and Reef was 'face down', 10m out in the water.
'(She) started screaming at you, but realised you were asleep,' Mr Walker said.
'She entered the water, recovered the child, returned to the bank and commenced CPR.'
Mr Walker read from Ms Stevenson's statement filed to the court, saying Mr Walton was observed to be 'smiling or laughing' when he woke up and appeared 'oblivious' to what had occurred.
'You then fled on foot, but returned due to the actions of bystanders,' Mr Walker said.
The court was told Mr Walton – who was described as a 'high-functioning alcoholic' – agreed to provide a breath sample to police but then 'failed to do so'.
Defence lawyer Mark Butler said his client's case fell into the category of manslaughter by criminal negligence, telling the court Child Safety had never been involved with the family.
'There is no allegation than my client has been anything than a loving father,' Mr Butler said.
He pointed to Ms Stevenson's statement, which outlined how Mr Walton was heavily involved in caring for Reef, letting his partner sleep and describing the father's relationship with his son as 'amazing'.
Magistrate Walker questioned how the alleged offence could be categorised as criminal negligence due to witnesses claiming Mr Walton was seen throwing his son into the water.
He said Ms Stevenson claimed in her statement one woman told her: 'The guys were saying they saw him throw him into the water.'
Mr Butler said these were 'hearsay comments' as those alleged witnesses had not given statements.
The court was told police inquiries were still ongoing and officers were yet to speak to some alleged witnesses who may have been at the park.
'There is still a question mark from the officer's perspective, at least, as to the veracity of the statement of someone saying they saw him (Mr Walton) throw (Reef) in,' police prosecutor Senior Sergeant Michael Read said.
The court was told Mr Walton had a traffic history containing multiple alcohol-related incidents but did not have a significant criminal history.
Magistrate Walker refused bail, finding there was a risk of Mr Walton 'endangering the safety or welfare' of persons as a high-functioning alcoholic.
He also pointed to alleged statements Mr Walton made after Reef's death, including: 'Well there's nothing else left'.
The court was told Mr Walton allegedly put his head through the wall of the watch house interview room and had expressed thoughts of suicide and self-harm.
'There is good evidence that if released on bail, you would be a danger to yourself,' Mr Walker said.
Mr Walton will return to court on August 4.
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