The lawyer fo Lina Daley has revealed the next step her manslaughter case will take over the death of her son Maka.
The lawyer fo Lina Daley has revealed the next step her manslaughter case will take over the death of her son Maka.

Major step in toddler death case

MUM Lina Daley will fight charges of manslaughter and child cruelty over the alleged ice overdose death of her 13-month-old son Makavelii, but expected to plead guilty to drug trafficking.

Ms Daley's case was mentioned in the Cairns Supreme Court for the first time on Thursday after she was committed to stand trial in December.

Defence barrister Josh Trevino told the court the two charges related to "Maka's" death in September 2018 would proceed to trial.

Lina Daley is charged with manslaughter and child cruelty. PICTURE: BRENDAN RADKE
Lina Daley is charged with manslaughter and child cruelty. PICTURE: BRENDAN RADKE


However he said the drug charge where Ms Daley, 22, is accused of trafficking methylamphetamines would "most likely be a plea".

Police have alleged she trafficked the dangerous drug for almost a year, between June 2018 and May 2019.

The court has previously heard Maka was found unresponsive in a White Rock house and attempts by paramedics to revive him tragically failed.

A forensic pathologist said he had 43 injuries to his body when he died, although some may have been either old or accidental, caused by a child falling while learning to walk.

Makavelii Leoni was ruled to have died of an ice overdose. Picture: Facebook.
Makavelii Leoni was ruled to have died of an ice overdose. Picture: Facebook.

Medical experts have ruled his cause of death as the high concentration of methylamphetamine found within Makavelii's system.

Forensic toxicologist Dr Katherine Robinson gave evidence during the committal hearing that it was impossible to know how much he ingested, but the onset would have been "quite sudden" if it had been a large quantity.

She said it was also possible that if he had been exposed to multiple lower doses over time, a slightly higher dose than what he was used to could have been fatal.

Crown prosecutor Nathan Crane told the court on Thursday he expected the trial to last up to seven days and there were "many" witnesses expected to be called to give evidence.

"This is a trial with many different people with many different backgrounds your honour, which may take some logistical commitment," he said.

 

Makavelii Leoni, 13 months, was not breathing when he was located in a White Rock home. Picture: Facebook
Makavelii Leoni, 13 months, was not breathing when he was located in a White Rock home. Picture: Facebook

Ms Daley was originally charged with torture and indecent treatment of a child, but the torture has been downgraded to cruelty to a child under 16 which still carries a maximum sentence of seven years jail.

The indecent treatment charge, which allegedly related to an image located on Ms Daley's phone depicting the toddler with a sex toy, has been dropped.

The most serious charge of manslaughter has a maximum sentence of life in jail.

The trial is due to start on August 11.

Justice Jim Henry adjourned the trafficking charge for a mention at the end of the trial.

Originally published as Major step in toddler death case



Plans for Grammar to share Rugby Park with Capras

Premium Content Plans for Grammar to share Rugby Park with Capras

The masterplan also includes a $6m synthetic running track, buildings, extra...

‘No regrets’: Reggie Tucker reflects on 50 years as coach

Premium Content ‘No regrets’: Reggie Tucker reflects on 50 years as coach

The CQ legend who helped shape Anna Meares’ celebrated career has retired.

SURF LAKES ACCESS: Potential roundabout plans for Yeppoon Rd

Premium Content SURF LAKES ACCESS: Potential roundabout plans for Yeppoon Rd

A standard intersection off Yeppoon Road is not permitted due to safety concerns...