Witness: Hughes' mother. Direct evidence. Day 15 of the trial.
Arthur's grandmother called to the witness box
The jury has come into court and the trial resumes.
Joanne Hughes is called to give evidence. She confirms she is Thomas Hughes' mother and Arthur's grandmother.
She also tells the court she is a secondary school teacher.
Ms Hughes confirms that when Arthur was born to Thomas and his paternal mother Olivia Labonjo-Halcrow, they initially moved into Olivia's mother's home before they moved into an annexe at the bottom of her own garden.
Ms Hughes accepts that after a while the relationship became 'strained' and Olivia moved out to a flat in Harborne.
She confirms after they separated and Olivia was later convicted of killing her boyfriend, Thomas agreed to have custody of Arthur.
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Arthur and dad only 'moved' to Tustin's because of lockdown
Ms Hughes states Thomas and Arthur returned to the annexe in February 2019 and were there for around a year.
Prosecutor Jonas Hankin asks if in March 2020 they 'moved in' to Tustin's home in Shirley.
Ms Hughes says: "That's not strictly true. They were spending the night. On the 23rd March it was announced at 8pm by the Prime Minister everyone had to stop where you were because of the lockdown.
"I phoned Tom and said what had been announced. He said 'Arthur is in bed asleep I guess we are where we are'. They had not moved in together. It was circumstance."
Mr Hankin asks her to describe Arthur.
Ms Hughes: "He started as a very nervous child. He didn't like strangers, didn't like loud noises. He evolved into a happy, well-rounded child."
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Gran says Arthur was 'a joy'
Ms Hughes tells the court Arthur's favourite uncle was Blake because they would spend time and watch football together. She adds if he was to confide in any uncle it would be Blake.
Mr Hankin asks how Arthur came out of his shell.
Ms Hughes says: "We have a friend who is quite a large gentleman. When he first came into the house Arthur hid under the table because he was frightened.
"As he became more confident and stable and happy in his surroundings he would talk to this gentleman, offer him sweets, interact with him and was comfortable in his company."
She says Arthur was a 'happy child, a joy'.
Ms Hughes adds: "He was energetic. Always in the garden on a nice day. On the trampoline. Kicking a football about."
She says his favourite sport was football and then cricket.
Ms Hughes states that in the house Arthur would play with his wrestling figures, jigsaws and was happy to play with his toys alone or games with other people in the house.
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Hughes and Tustin met at Butlins
Mr Hankin asks Ms Hughes if she felt Tom needed her help and support to look after Arthur.
She says: "Tom was never a confident person, he always doubted his abilities. The main thing he was concerned about was Arthur would fall behind in school. Tom was never academic. It was a big concern for him. I was there to offer support."
Ms Hughes says she and her husband took Arthur to Blackpool around Christmas time 2019 and he was 'a delight'.
She confirms Thomas took Arthur to Butlins in August that year and when he returned he said he had met someone - Emma Tustin.
Ms Hughes says as the two of them went on dates she would babysit Arthur.
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Change in attitude
Ms Hughes tells the court she first met Tustin in October 2019 when she came to her home.
Mr Hankin asks: "Did you like Emma?"
Ms Hughes: "No."
She adds that she made it clear to her husband that was her feeling 'straight away'.
Ms Hughes confirms her 'concern' was how much time Tustin was spending with her own children in relation to how much time she was spending with Thomas.
Mr Hankin asks if she noticed changes in Arthur at the start of the relationship.
Ms Hughes: "Not at first. There were slight changes, he didn't seem as bright and sparkly. When Tom was with her he (Arthur) was quieter."
Mr Hankin asks if she noticed a change in Thomas's attitude to Arthur.
Ms Hughes: "Yes. Tom would be picking up a lot more on behaviour saying he had been rude and he was getting away with a lot."
She confirms that she never observed Arthur being rude or acting differently.
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"He would always say 'Emma says'"
Ms Hughes tells the court around Christmas time 2019 Tustin spent a lot of time at the annexe with Tom, without her own children.
She states on New Year's Eve her husband Christopher had an argument with Thomas when Thomas asked to speak to Arthur about an allegation he had hit one of Tustin's children.
Ms Hughes says: "My husband said he was always going on at the kid, children have scuffles. That then led to an argument and a fallout between my husband and Thomas. Thomas thought my husband was poking his nose in."
She states that resulted in them not speaking to Tom for several days which was usual.
Mr Hankin asks if she noticed Tom changing towards Arthur.
Ms Hughes: "He was saying Arthur was rude and not doing what he was told. I had experienced none of this. He did usually say 'Emma says he's been rude', he would always say 'Emma says' but nonetheless he did say Arthur was being increasingly rude."
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Pink chair taken as 'naughty chair'
Ms Hughes says from the start of 2019 to March that year Arthur would come up to her home from the annexe less and less.
She then recalls an occasion where Tustin took a pink children's chair to the annexe and says: "It was for Arthur to sit on when it had been deemed he had been rude or naughty."
Ms Hughes adds: "It was the 'naughty chair'. Tom said that's what Emma had used for her children. He thought that would be a good idea."
Ms Hughes confirms Tustin wanted Thomas and Arthur to move into her own home at Christmas time.
She says: "I thought that was a very bad idea. I told her that. I confronted her about the pink chair and that led onto the conversation about Tom and Arthur moving in with her. I said I didn't think it was a good idea.
"I deemed Tom to be vulnerable from his previous relationship and it would be unsettling for Arthur. I didn't think he needed any more re-adjustment or upheaval."
Ms Hughes states she told Tustin the pink chair was 'cruel' and that in response Tustin claimed it was Thomas's idea.
Asked about her relationship with Tustin she says it was 'polite'.
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Tustin 'pushed Arthur and hit his head on stairs'
Mr Hankin moves on to the period between April 14 and 17 last year, when Thomas and Arthur returned to her home.
Ms Hughes: "Arthur came to the door and shouted 'I'm home'. He came into the room. I said 'what are you doing back?'. Tom said 'we've had a row'.
She confirms to the court that on April 15 a police officer came to her home looking for Thomas, who was at work, due to a report Tustin had threatened to kill herself.
Ms Hughes states that the following day, April 16, Arthur made a disclosure to her.
She says: "He said 'Emma grabbed me and pushed my head on the stairs'. He told me she called him a 'horrible, ugly brat' and pushed him and he hit his head on the stairs."
Ms Hughes adds that Arthur indicated he had hit his head at the bottom of his right ear.
She then tells the court she removed Arthur's top and saw he had bruises on both shoulders. Ms Hughes confirms she took photographs, which are then shown on the court screens.
One image is zoomed in and shows a dark blue bruise on Arthur's left shoulder.
Ms Hughes says she asked Thomas about the bruises when he returned home from work. She tells the court that he said Arthur's step-sibling had caused them with an umbrella.
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Thomas Hughes 'called parents 'scum' in row over Arthur
Ms Hughes confirms she did not believe her son's version of events adding that things got 'heated because I was agitated'.
She tells the court she asked Thomas about the disclosure Arthur had made about Tustin allegedly hitting him.
Ms Hughes: "He said Emma wouldn't do that, she wouldn't hit Arthur."
She states Thomas went back to Tustin's home and she asked if Arthur could stay but Thomas said he would be 'fine'.
Ms Hughes confirms Thomas returned to her home later without Arthur.
She says: "I said 'where's Arthur?' He said 'where do you think?' I said 'you've never left him with her?'"
Ms Hughes tells the court that she told Thomas she intended to see Arthur's other grandmother - Olivia Labinjo-Halcrow's mother.
She says: "He said we were dead to him. I think he might have called us 'scum'. He was quite agitated."
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Social services 'didn't want to see' bruise pictures
After Thomas left Ms Hughes tells the court she arranged to meet him at a 'neutral place'.
Ms Hughes: "I said if he wanted to stop there that's fine but can I take Arthur to stop with us, just for a couple of days. He said 'no he's my son, he will be fine, nobody's going to hurt him'. I said if that's your final answer I will phone social services."
Ms Hughes confirms she called social services that day - still April 16 - because she was 'concerned for my grandson and indeed my son because I deemed him to be vulnerable'.
She states she offered to send social services the photographs of Arthur's bruises but 'they didn't want to see them'.
She says she confirmed she was happy to have Arthur stay with her and that she was happy to be named - as opposed to being referred to anonymously - when social services conducted a visit.
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List of 'time penalties'
Ms Hughes confirms she went into the annexe at the back of her home. She says: "I wanted just to see if there was anything that would explain certain things."
She tells the court she found 'a list'. The court screens show the piece of paper.
Mr Hankin reads the words written down on the document:
"Chair list"
"Rude to mommy bear - 1 hour each"
"Poor attitude - 20 minutes"
"Naughty - 40 minutes"
"Talking like a baby - 10 minutes"
"Weeing on toilet seat - 10 minutes"
"Any additional time accrued on chair such as crying, telling more than once, is extra 10 minutes on top of already set time."
Ms Hughes confirms that 'mommy bear' refers to Emma Tustin.
She adds: "I was aware, not of specific things. I was aware of the pink chair and time penalties."
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Gran found 'unopened' birthday presents
Footage is played from CCTV footage outside of Tustin's home in Shirley.
Ms Hughes confirms it is from April-time last year when she went to the address to ask Thomas to give her the annexe keys back.
She states she also spoke about going to visit Arthur's other grandmother.
Ms Hughes: "He said Arthur was happy, Emma wouldn't hurt him. I was asking him to come home with Arthur."
She confirms Thomas threw the keys on the floor towards her and describes his demeanour as 'petulant'.
Ms Hughes: "There was nothing else to say. I felt quite defeated really."
Mr Hankin moves on to a new topic.
Ms Hughes confirms earlier this year, one of her other sons wanted to move into the annexe so she went in and bagged up Thomas's belongings.
She states she noticed around five 'unopened and unwrapped' birthday presents which made her 'upset'.
Mr Hankin concludes his initial questions.
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