GUILTY UK - Hollie Ashurst, 14 months, murdered, Wigan, 3 Jan 2019 *father arrested*

[HayLouise]

Day 9:

Hollie could not talk

12.15pm

Mr Gozem says Hollie could not talk and Ashurst had to explain what had happened. Ashurst says: "I could only tell them exactly what I saw at the top of the stairs, how I found her and how she was."

Ashurst only told them about one fall. He says they were asking for small amounts of information and he thought it might be an infection or something else.

He says looking back he sees the right thing would have been to call an ambulance. It was his "first instinct" to put her in the car.

He says he wasn't asked about all the things that happened that day. "I feel absolutely guilty that I dropped her on the stairs," he said. "I believe if I was't having a panic attack, I wouldn't have dropped her."

Ashurst says he "doesn't know" why he didn't give a full history. Mr Gozem suggests he hadn't thought of "this nonsense" that he's telling the jury.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

My head was a total mess

12.20pm

Mr Gozem says people had to keep asking Ashurst what had happened. Ashurst says: "My head was a total mess. I didn't know what was up with her, I didn't know what caused it and I was really worried about Hollie."

The prosecutor is questioning Ashurst on differing accounts he's given of what happened to Hollie. In an account on a body-worn camera he said he was putting washing away when Hollie fell and he told the jury he was outside moving a bin. He says these were things he was doing that day.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Panic attack

12.30pm

Mr Gozem questions why Ashurst didn't tell anyone about the second fall on the stairs at the time. Ashurst says: "I was going through a panic attack. Sometimes I do have memory blanks and stuff like that after a panic attack." He says his main priority was getting Hollie to hospital. He continued: " The second fall happened so, so fast. I couldn't even begin to tell you where or how she fell and how she flew off me."

It was initially thought Hollie had a fractured skull. The prosecutor says Ashurst was the only person who could say how that happened. Ashurst says he didn't see how she fell and didn't think the falls would fracture her skull.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Four hour wait

12.35pm

Ashurst says he was in a waiting room at Royal Manchester Children's Hospital for four hours with no updates on how Hollie was doing.

He said: "At the time I didn't think the other falls had caused what was up with Hollie on the first fall. I solely believed the fall at the top of the stairs was what was wrong with her. I do admit now, thinking about it, yes, they could have made her worse."

Mr Gozem says Ashurst would have had time to gather his thoughts, but he says he was worried about Hollie.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Ripped shorts

12.40pm

Mr Gozem asks about body-worn footage in which Leanne pointed out Ashurst had ripped his shorts. He says, both in the video and now in court, that he ripped them on a chair when he got in the ambulance. He didn't tell her about the fall on the stairs when he says he caught his shorts, Mr Gozem says.

Ashurst says he thought Hollie's injuries had come from the fall at the top of the stairs.

The shorts Ashurst was wearing were only a few days old, he says, and in brand new condition.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Arrest

12.45pm

Ashurst says he "wasn't given an opportunity" to tell the full story to police officers who were going to arrest him. Mr Gozem says police officers were concerned because Hollie's injuries didn't fit the explanation Ashurst had given. Ashurst didn't give them his full account but said he would never hurt Hollie.

Mr Gozem suggests Ashurst shook Hollie and inflicted injuries in a temper. Ashurt says he "certainly did not" hurt Hollie. Ashurst said: "I have done nothing but adore her, love her and look after her. I certainly had never any temper with her. If things were getting on top of me, there were plenty of people I could have phoned to take Hollie off me, plenty of help, but Hollie was happy that morning, we were both enjoying ourselves."

Mr Gozem has now finished his cross-examination.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Vodka

12.50pm

Nina Grahame QC, defending, is questioning Ashurst. After the earlier questions about drinking vodka, he says he had not drank vodka on February 27 and 28.

She asks about text messages between Ashurst and his partner Leanne on the morning of February 28. Ms Grahame refers to messages about them arguing and sleeping in different beds. The jury is looking at a different version of the text messages this time which include the emojis, rather than just the typed messages. One message includes the crying with laughter emoji because they're joking, Ashurst says. Another message from Leanne has the thoughtful emoji with a hand on chin.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Uncle called as witness

2.20pm

Mr Justice Dove and the jury return to court. Daniel Ashurst is back in the dock, having finished giving his evidence to the court.

The next witness called to the stand is Christopher Lynch. He's Ashurst's uncle - the brother of his mother Hilary. He says he has a good relationship with Ashurst's mother and sees her three times a day. He lives on the same street as her in Orrell.

He has known Ashurst since he was born and describes him as: "A beautiful person. He's a really nice lad. He would do anything to help you. He's one in a million to tell you the truth." He sees Ashurst four or five times a week.

Mr Lynch describes Leanne as "a beautiful girl". He would see her at his sister's house for Sunday dinner.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Beautiful little girl

2.25pm

Mr Lynch describes Hollie as "a beautiful little girl". He saw her with Ashurst at his sister's home. He tells the jury he commented on the fact that she was late starting to walk.

He said Ashurst loved Hollie. "You wouldn't believe it unless you saw it, how two people loved one another," he says. Ashurst "really fussed over" Hollie.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Gave him money

2.30pm

Ashurst wasn't employed in February 2019. Mr Lynch said Ashurst would ask him for money when he needed it. "I would always give it to him," he said.

Ashurst had a Mercedes car and Mr Lynch paid the rental on that every month. He also gave him money "at the start of every month" when he phoned and asked for it. He gave him about £450, sometimes £400.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Last saw Hollie on Thursday, Feb 28

2.35pm

Mr Lynch last saw Hollie at around noon on Thursday, February 28. He saw Ashurst walking up the drive at his mum's house with Hollie in his arms. "I drove past and waved," he says.

Mr Lynch is now released from the witness stand.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Cocaine

2.55pm

The trial resumes and Christopher Wolf is called to the stand. He works as a courier driver. He has known Ashurst for around three years after meeting him through a mutual friend that he used to go to the gym with. He saw him once or twice a week and describes him as "a good friend".

He saw Ashurst take cocaine just once, which was on August bank holiday in 2018. They had been to a few pubs and then a house party and a few people were taking cocaine. Mr Wolf said he had it too.

Mr Wolf said he knew Ashurst's partner Leanne and saw Hollie too. He says Ashurst "always seemed like a doting father to her".

He was friends on social media with Ashurst. "He would regularly post pictures of him and Hollie on there, doing whatever they were doing at the time. He would always put posts on there of her."

Mr Wolf is now allowed to leave the witness stand.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 9:

Jury sent home

3pm

Nina Grahame QC, defending, is now reading agreed facts for the jury. These are in addition to those heard in court after the prosecution case. These relate to the dates that a photograph of Hollie and one of the car seat was taken.

That's the end of the defence's case.

The jury is now being sent home. The trial will continue tomorrow at 10am, when Mr Justice Dove will give his legal directions.

Baby Hollie Ashurst murder trial: LIVE updates as accused dad continues to give evidence

 

[HayLouise]

Day 10:

10.10am Proceedings begin

The judge and jury have now come into court. Daniel Ashurst is in the dock, wearing a white, long-sleeved shirt and dark tie. Family members are in the public galleries.

Mr Justice Dove will be giving legal instructions to the jury this morning. He explains he's already shared them with the barristers. The jury is told it's up to them to decide how "honest" and "reliable" each witness is. They must not "speculate" about anything that was not in the evidence. The "burden of proof" is on the prosecution.

Baby Hollie Ashurst murder trial: LIVE updates as proceedings reach final stages

 

[HayLouise]

Day 10:

10.15am Charges

There are two charges on the indictment - murder and manslaughter. If the jury finds Ashurst guilty of murder, they do not need to consider the manslaughter charge. If he is found not guilty of murder, they must then decide whether he is guilty or not guilty of manslaughter.

Murder means he unlawfully killed Hollie by assaulting her and causing her death, intending that he would cause her death or really serious injury. The jury must be sure he assaulted Hollie and that he caused her death. They must be sure he intended to cause death or really serious injury.

If he intended to cause some harm, short of serious injury, or if by his actions he realised some harm was likely to be caused, he could be found guilty of manslaughter. If not sure of this, he could be found not guilty.

Baby Hollie Ashurst murder trial: LIVE updates as proceedings reach final stages

 

[HayLouise]

Day 10:

10.20am Evidence

Mr Justice Dove says evidence has included people in the witness box, photographs and plans, witness statements, video footage and agreed facts.

Ashurst did not provide information to the police when interviewed. This is his right, but he was told it could harm his defence if he didn't answer questions, the judge says. The jury could draw the conclusion he has "invented" parts of his account and "tailored" it to fit the prosecution case. If they draw that conclusion, they cannot draw their verdict just on that.

Ashurst told the jury that he gave no comment interviews on legal advice.

Baby Hollie Ashurst murder trial: LIVE updates as proceedings reach final stages

 

[HayLouise]

Day 10:

10.25am Good character

Mr Justice Dove says Ashurst is of "good character" and this is a "positive feature" of his case. It is up to the jury how much weight they give to this.

Baby Hollie Ashurst murder trial: LIVE updates as proceedings reach final stages

 

[HayLouise]

Day 10:

10.25am Expert evidence

Several medical experts have given evidence during this case. The judge says expert witnesses regularly give evidence in criminal trials to help juries and they are no different to other witnesses. Their verdict will be based on all of the evidence and their evidence is part of the case.

Baby Hollie Ashurst murder trial: LIVE updates as proceedings reach final stages

 

[HayLouise]

Day 10:

10.30am Prosecution

Prosecutor Guy Gozem QC is now on his feet. He said Hollie died on March 1 when her heart stopped, because of the effect on her brain of numerous injuries externally and internally. He says: "The question that lies at the heart of this case is, how did she come by those injuries?"

Mr Gozem says: "The prosecution case remains that the injuries that caused Hollie's death were deliberately inflicted on her by Daniel Ashurst when he was alone with her at home on Thursday, February 28, and so our case is that he is guilty of her murder."

He continues: "What we suggest is a loss of temper and self-control and so an intention of short duration, but an intention nonetheless when we consider those injuries."

Mr Gozem urges the jury to put emotion to one side. He tells them to take a "cold, hard look, a rational look" at the evidence.

Baby Hollie Ashurst murder trial: LIVE updates as proceedings reach final stages

 

[HayLouise]

Day 10:

10.35am Pathologist

Pathologist Dr Charles Wilson carried out a post-mortem examination and then asked other experts for reports and assistance. Mr Gozem refers to his evidence. He said Hollie was the "subject of non-accidental injury involving excessive acceleration and deceleration of her head in relation to the rest of her body, with multiple impacts to her head and face."

She also had a fractured ankle. There was "compelling evidence that she had been bitten on more than one occasion". There was both old and recent bleeding on her brain, showing at least two separate episodes of head injury. Mr Gozem reads out the full list of injuries detailed by Dr Wilson.

Baby Hollie Ashurst murder trial: LIVE updates as proceedings reach final stages