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A man who killed his girlfriend’s toddler during a “short but profound” period of stress maintains his innocence, a court has been told.
Brendan Pallant, who is yet to be sentenced, appeared in the Victorian Supreme Court on Monday more than six months after he was found guilty of murdering Jaidyn Gomes-Sebastio.
The court was told the case had faced delays after Pallant changed legal representation following the trial, and is now seeking to have Corrections Victoria return items he says were taken during a prison transfer.
Barrister Dermot Dann KC said Pallant had been moved in late December, and was “missing” handwritten notes about his experience in custody that he wanted to submit in a presentence hearing.
Mr Dann told the court his client “maintains his innocence”.
Two-year-old Jaidyn was found with “extensive” head injuries face down on the floor of his bedroom shortly after 4pm on September 2, 2019.
An autopsy later determined Jaidyn had survived for “tens of minutes” but died from complex brain injuries caused by a blunt force impact – likely from the metal leg of a table.
Pallant, 36, was found guilty in July last year of murder following a five-week trial in Victoria’s Supreme Court.
He had denied he was responsible for inflicting the toddler’s fatal injuries, with his defence pointing to the possibility Jaidyn’s mother Stacie Saggers could have been responsible.
Video of Pallant’s first interview with police was played to the jury, as he dry wretched and denied killing Jaidyn, saying; “no, I tried to save, I tried to save him.”
Instead, the jury found he had injured the child in what prosecutors described as a “short but profound period of stress and frustration” while Ms Saggers was at work.
Jaidyn had been injured twice in the four days before his death while in Pallant’s care, but this had been explained away as the young boy pulling furniture onto himself.
Pictures displayed in court showed large bruises on his face and his right eye swollen shut.
Ms Saggers’ had left for a cleaning job after putting Jaidyn to bed for a nap, but returned early after she became concerned when Pallant wouldn’t respond to questions about how her son was doing.
Her worst fears were confirmed when Jaidyn’s lifeless body was discovered, and Pallant began CPR.
The pair had begun dating a month earlier, with Pallant moving into her Langwarrin rental a short time later.
Their relationship had been marred by regular ice use, and Pallant had been stressed amid ongoing efforts to resume contact with his three children.
In emotional testimony to the court, Ms Saggars said her son was clingy but a “very happy little boy”.
“He was what I would call a mummy’s boy; attached to my hip. If I would leave the house he would cry for me all the time.”
Pallant will return to court later this month.
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