Mum cleaned house, messaged friends as baby drowned in makeshift tub during bath time, court told

A mum left her baby girl alone during a bath, then texted and chatted with her friends over Facebook, as the child drowned in a makeshift tub in her laundry sink. Members of Lavinia Alison Murray’s family filled the public gallery of Brisbane Supreme Court on Wednesday, as the 24-year-old pleaded guilty to the manslaughter of her daughter Trinity in 2021. They became emotional as Justice Paul Freeman recounted the “tragic” circumstances, before sentencing Murray to five years in prison. But the term was suspended after Lavinia was ordered to serve 12 months behind bars. Murray was bathing the child on February 5, 2021, in preparation to travel to Cairns to visit her mother. The court was told she was facing difficulty looking after Trinity and her other children after her ex-partner Zephaniah Herbert Graham was remanded in custody on unrelated charges in December 2020. Murray sought assistance from her own family and Mr Graham’s family as she was “not coping” looking after the children, including Trinity. Crown prosecutor Caroline Marco said Murray placed Trinity in a makeshift tub in the laundry sink with no plug, washing her with soap and a pair of underwear on the day of the offence. Ms Marco said Murray left the baby in the sink, checking on her other children in the living room and cleaning the house. She also sent texts to her friends and chatted with them over Facebook Messenger. Murray checked on Trinity three times in 10 minute intervals – each time seeing the child lying on her back with water running down the drain. Ms Marco said on the fourth occasion Murray realised the child was not making any noise. She discovered the underwear had blocked the drain, causing the sink to fill up to Trinity’s ears. The court was told the baby had turned purple and a soapy discharge had come from her mouth. Murray removed the baby and performed CPR until emergency services arrived, but Trinity could not be revived. “Such a loss of life is tragic for the local community,” Justice Freeburn said. In her victim impact statement, Trinity’s paternal grandmother Kathleen Combo said she went through a “significant” amount of grief after losing her granddaughter. She said she turned to alcohol and drugs and turned away from her family. Ms Marco said Murray’s plea to the charge of manslaughter was on the basis she owed the child a duty of care to avoid danger to the child’s life, and her actions amounted to a breach of that duty. The court was told Murray was exposed to domestic violence throughout her life. Murray’s defence barrister said his client could not cope with looking after three very young children, evidenced by her plan to leave one of the children in the care of her relatives on the day in question. “That is a challenging thing for any mother to do,” he said. Justice Freeburn said there was no connection of the domestic violence she suffered to this offending. But he accepted that Murray’s mental health issues and her mild intellectual disability would have contributed to her stress and inability to care for the children. A doctor had opined she would likely have been “more distractible” and unable to complete simple tasks. “You knew of the risks, but you were not coping with your child’s demands,” Justice Freeburn said. Outside court, Trinity’s aunt Leila Graham said justice had been served for the family after “three long years of suffering with the guilt and pain” of losing the baby. “Now something’s been done,” she said. “I feel bad for my ex-sister-in-law at the same time, but my niece needs justice to be served.” Domestic Violence helplines