The trial of Derrick Hardy, charged with unlawful confinement and assault causing bodily harm for putting a baby in a freezer, concluded Friday in Summerside.
Hardy's 'parenting skills were not up to snuff.'— defence lawyer Robert MacNeill
The defence declined to call any witnesses, so both the Crown and the defence offered up summations.
Crown attorney John Diamond addressed Hardy's contention that he put the baby in the freezer last May in order to cool down a sudden fever. He called Hardy's actions "bizarre," and told the judge it showed "wanton and reckless disregard" for the baby's safety.
Derrick Hardy entering court in Summerside Nov. 24, 2006.
(Steven d'Souza/CBC)
He said if the baby really did have a fever, Hardy should've considered the logical options of calling 911, giving the baby medicine, or putting her in the bathtub to cool her down.
Instead, Diamond points out, Hardy opted to put her in a freezer, leaving her with first- and second-degree frostbite, and a bruise on her wrist from being "abruptly picked up."
Defence questions bodily harm
Defence lawyer Robert MacNeill countered that at the time, Hardy's "parenting skills were not up to snuff." He insists that while his client made a mistake, he didn't mean the little girl any harm.
MacNeill told the judge it would be stretching the definition of assault to include placing a baby in the freezer, and that a "few red marks" didn't add up to "bodily harm."
He argued if the judge found Hardy guilty of "unlawful confinement," all parents who keep their babies in cribs, or tuck in their kids at night, would be guilty of the same thing.
At the time, the baby was living with her mother and Hardy. Now, she's staying with other relatives.
The case has been difficult for the family to sit through. The baby's grandfather told CBC News Hardy never liked the baby. He said the girl is 16 months old now, and doing fine.
Provincial court Judge Jeff Lantz said he needs some time to consider the arguments. He'll give his verdict next Friday.
