A Melbourne man accused of killing his girlfriend’s young son in a “fit of rage” will face a new trial.
Brendan Pallant, 35, was charged over the alleged murder of two-year-old Jaidyn Sebastiao-Gomes at Langwarrin on September 7, 2019.
He faced a month-long trial in the Supreme Court in July and August this year; however, after nearly a week of deliberations, the jury was unable to unanimously agree on a verdict.
The boy died of a brain injury that prosecutors alleged was inflicted by Mr Pallant using the leg of a 4.6kg coffee table.
“He (allegedly) lost his self-control and vented his frustration out on Jaidyn,” Crown prosecutor Mark Gibson QC told the jury at the time.
The court was told the “defenceless” child was known to be difficult and needy and had allegedly been left in the care of Mr Pallant while his mother had gone to work.
Jaidyn’s mother Stacie Saggars and Mr Pallant had met just a month earlier, with the accused man moving in days later.
The prosecution argued that Mr Pallant had been going through “difficulties with his own family” on the day in question and “reacted spontaneously” to the difficult child.
Mr Pallant pleaded not guilty, claiming he did not know how Jaidyn died.
Mr Pallant’s defence argued that the injury could have been caused by another person, including Jaidyn‘s mother.
Barrister Rishi Nathwani told the jury in his closing address that Ms Saggers “was not a good mother” and could have caused her son’s death.
Appearing before the Supreme Court of Victoria on Thursday, Mr Pallant was told the allegations had been set down for a new trial in June 2023.
He was remanded into custody.