'Wrong parent' on trial: Defence blames mother, not father, for murder of 4-year-old

A four-year-old girl who suffered a fatal spinal injury as if someone had slammed her small body head first into the ground was murdered, prosecutors argued Thursday in asking the judge to convict the child'sfather.

Defence lawyers have argued the mother is to blame.

OluwatosinOluwafemi is charged with second-degree murder in the death of his daughter Olive RebekahOluwafemi, 4, who died Dec. 19, 2014 only 10 days before her fifth birthday.

In delivering her closing arguments Thursday, prosecutor Donna Spaner saidOluwafemi was home alone with his daughter when she suffered her fatal, catastrophic spinalinjury.

"Using common sense it is beyond a reasonable doubt that OluwatosinOluwafemicaused Rebekah's death, said Spaner.

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'Wrong parent' on trial, says defence

But Oluwafemi's lawyer placed blame for the fatal injuries on the child's mother, Itunu Oluwafemi who testified during the trial, offeringa "chilling description of how she beat Rebekah."

Itunu said she would physically discipline Rebekah, which included pulling on her ears, twisting her ears, smacking her and grabbing her by the arm and hitting her with flip flops. She also said it wasn't unusual for her daughter to fall down the stairs.

"Itunu could have had significant alone time with Rebekah where she could have violently disciplined Rebekah and injured her," said defence lawyer RebeccaSnukal.

"The Crown has prosecuted the wrong parent here."

Snukal said it is possible Rebekah suffered her spinal injury by fallingdown the stairs and that the other injuries to the girl's body could have been inflicted by Itunu. She said the medical evidence is conflicting and contradictory.

Child had defensive injuries

Just months earlier, Oluwafemi had lost his job, and on the day Rebekah died, he was the only person in the home looking after the child.

In the hours after her death, police took photosof the child's body showing injuries covering her entire body, including to herhead, back, limbs, handsand face.

Some were described as defensive injuries. Some had been inflicted within minutes of her death, according to botha medical examiner and forensic pathologist.

The fatal,catastrophicinjury was to Rebekah's cervical spine, according to the medical examiner, Dr.Bamidele Adeagbo, whosaid "such impact injuries could occur if somebody was slammed to the ground."

Aforensic pathologistwho specializes in child deaths estimated the four-year-old suffered four to six blows to the head, up to 10 on herarms and at least 10 to the torso and back.

On the morning she died, Rebehah'smother left for work around 8 a.m.

Just after noon, a furnace repairman showed up at the home and observed her playing quietly in the living room.

• Father on trial in daughter's death didn't call 911 for 40 minutes although she wasn't breathing, court hears

Two-and-a-half hours later, at 3:01 p.m., Oluwatosin called his wife. A coworker described hearing her scream and go into "complete panic mode" before asking to leave work to go home to her daughter.

Oluwatosin also called a family friend who worked as a nurse. Olutayo Awotesu arrived at the home around 3 p.m. and began CPR on Rebekah, who was unconscious.

Finally, 33 minutes after Oluwatosin called his wife, the family called 911.

A month after Rebekah died,Oluwatosin told a potential employer his daughter fell down the stairs, an explanationprosecutor Spaner argued should be rejected by Court of Queen's Bench JusticeSuzanne Bensler.

Oluwatosin never mentioned his daughter had fallen down the stairs to paramedics or hospital staff when he was asked how she was injured.

Spaner said a fall down the stairs is "whollyinconsistent with the medical findings."

Rebekah did not go to kindergarten the week of Dec. 15-19, 2014. She also missed school the Friday before, which struck her teacher as odd since Rebekah had been excited about an obstacle course set up by the teacher that day.

The girl's body showed she'd suffered numerous injuries in the hours, days and weeks before her death.

Bensler said she believes she will be ready to hand down a decision in the next three weeks. A date for that will be set next week.