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‘Help, my daughter isn't breathing’: Dad’s desperate efforts to save toddler heard in murder trial

Author
Belinda Feek,
Publish Date
Thu, 15 Aug 2024, 9:01pm
Jessica Mulford in the dock of the High Court at Hamilton on Monday. She is defending charges of injuring with intent to injure and murder of two-year-old Harlee-Rose Niven in Hamilton. Photo / Belinda Feek
Jessica Mulford in the dock of the High Court at Hamilton on Monday. She is defending charges of injuring with intent to injure and murder of two-year-old Harlee-Rose Niven in Hamilton. Photo / Belinda Feek

‘Help, my daughter isn't breathing’: Dad’s desperate efforts to save toddler heard in murder trial

Author
Belinda Feek,
Publish Date
Thu, 15 Aug 2024, 9:01pm

Warning: This story contains content that some may find disturbing

A teen has described the moment a 鈥渢errified and panicked鈥 father pounded on her door, pleading for her to help save his 2-year-old daughter鈥檚 life.

She rushed to the house to administer CPR on Harlee-Rose Niven, who she described as being 鈥渃old鈥 and 鈥渓ooking like a mannequin鈥, before jumping in a car with the toddler and directing the father, Dylan Berry, to Waikato hospital.

On the way, they came across two police officers sitting in their patrol car.

The teen, Berry and his daughter then got in the patrol car and were driven directly to the emergency department.

Today, in the High Court at Hamilton murder trial of Harlee-Rose鈥檚 stepmother Jessica Lee Rose Mulford, those officers gave emotional testimonies on the moment they saw the little girl鈥檚 lifeless body.

Mulford is also defending a charge of injuring with intent to injure the toddler in an alleged incident in Tauranga five months earlier.

The Crown claims Mulford, 20, was a resentful young stepmother who was at 鈥渂reaking point鈥 after taking over full-time care of the toddler with her partner, and child鈥檚 father, Berry, 22.

But the defence says the Tauranga incident was an accident after she fell out of a window, and submitted her fatal injuries happened after she fell off the tarpaulin being towed by a motorbike Berry was riding around their property, dubbing it a 鈥渕agic carpet ride鈥.

鈥楬elp, my daughter isn鈥檛 breathing鈥

At the trial, the couple鈥檚 teenage neighbour explained how she was at home watching movies when a panicked Berry started banging loudly on her front door yelling, 鈥淗elp, help, my daughter isn鈥檛 breathing鈥.

鈥淚 was hesitant to open the door but he really [sounded], like, he needed help and sounded urgent so I decided to open it.

鈥淗e asked me if I knew how to do CPR ... and if I can come and see his daughter.鈥

The now 17-year-old said Berry seemed 鈥渢errified and in a panic at the same time鈥.

鈥淗is voice was cracking and it sounded like he was crying.鈥

Now inside the house, the teen said she 鈥渃ouldn鈥檛 tell if [Harlee-Rose] was dead or alive, she was cold鈥.

鈥淗er head, her hands were really hard ... she was like a mannequin.鈥

Harlee-Rose was lying on her side on the floor with 鈥減uke coming out of her mouth ... like a brown, Weetbix colour鈥.

鈥淸Berry] started screaming ... 鈥楥an you help her?鈥欌

Dylan Berry with daughter Haylee-Rose Niven on his motorbike in an undated photograph produced by the defence as evidence during the murder trial of the toddler's stepmother, Jessica Mulford. Photo / Supplied
Dylan Berry with daughter Haylee-Rose Niven on his motorbike in an undated photograph produced by the defence as evidence during the murder trial of the toddler's stepmother, Jessica Mulford. Photo / Supplied

As Harlee-Rose had been spewing, the teen realised her airways might be blocked so she did mouth-to-mouth, and after about 30 seconds, Berry said there was 鈥渘o use鈥 and wanted to get her to a hospital.

She said Mulford was 鈥渟tanding away from the baby ... looking shocked, and panicked鈥.

The teen got in the car with Berry as he didn鈥檛 know where the hospital was and said he was 鈥渄riving really fast that I thought we were going to die too鈥.

鈥淚 was panicked that I didn鈥檛 know what was happening anymore ... I was trying to keep calm.

鈥淭here鈥檚 a baby not being able to breathe and this guy ... is driving way too fast that I just couldn鈥檛 think.鈥

In questioning from defence counsel Rebekah Webby, the teen said she had heard shouting from a male at the house on previous occasions, and recalled a time her sister had gone to the fence in an attempt to calm him down.

She had also seen people at the property 鈥渞acing鈥 motorbikes around the house, but hadn鈥檛 seen Harlee-Rose on the back of one.

On the morning of the little girl鈥檚 death, she hadn鈥檛 heard any noises or raised voices.

The Fairfield, Hamilton, house shared by Dylan Berry and Jessica Mulford and his toddler, Haylee-Rose, who Mulford is accused of murdering there in April 2022. Photo / Supplied
The Fairfield, Hamilton, house shared by Dylan Berry and Jessica Mulford and his toddler, Haylee-Rose, who Mulford is accused of murdering there in April 2022. Photo / Supplied

Webby put to her that Mulford was sitting holding the baby, wiping the spew away from her face when she first arrived at the house, but the teen denied that.

In re-examination from Mann about hearing yelling from the house, the teen said she鈥檇 previously heard a female鈥檚 voice, too.

鈥楾ears as officer recalls seeing lifeless Harlee-Rose鈥

Constable Leah Meagher struggled to fight back tears as she recalled a panicked Berry walking towards the patrol car with a lifeless-looking Harlee-Rose.

The toddler was just wearing a nappy and looked 鈥渓imp鈥, she said in evidence.

鈥淗er head was reverted right back, unnaturally ... and it appeared that there were no signs of life at that point.鈥

Asked by Crown solicitor Jacinda Hamilton how Berry was, Meagher said he was 鈥渧ery frantic, asking for our help鈥.

She asked him to pass Harlee-Rose to her colleague, Constable Shaun Bell, in the passenger seat and as her leg went past, it touched her elbow and 鈥渨as very cold鈥.

Bell also described Harlee-Rose as looking 鈥渓imp鈥, with her arms hanging down to her sides as Berry carried her, and 鈥渓ooked a little bit yellow鈥.

Berry told him that he thought Harlee-Rose had a heart attack after Mulford had crushed up ibuprofen in a bottle before finding her unresponsive in bed.

鈥楢lmost dead鈥

In questioning from co-defence counsel Nick Dutch, Waikato Hospital pediatrician Dr Hamish McCay said the toddler didn鈥檛 have any other wounds on her likely to have been expected if she鈥檇 fallen off a tarpaulin during a 鈥渕agic carpet ride鈥.

If that was the case, the ride would have had to have happened 鈥渟econds, minutes, maybe tens of minutes鈥 before she was found unresponsive on her bed on the morning of April 9, 2022, she told Dutch.

If the child had been left any longer she would have been 鈥渄ead on arrival鈥 at hospital.

Put to him that it could have been 鈥渦p to an hour鈥, McCay said, 鈥渢hat would be a stretch鈥.

鈥淭ens of minutes, 20 minutes maybe, but no, not an hour.鈥

McCay said she would likely have had abrasions on her arms and legs from them 鈥渇lailing around鈥.

鈥淲e saw none of that,鈥 he told Dutch.

A 'lifeless' looking Harlee-Rose Niven was taken to Waikato Hospital's Emergency Department on the morning of April 9, 2022. Photo / Alan Gibson
A 'lifeless' looking Harlee-Rose Niven was taken to Waikato Hospital's Emergency Department on the morning of April 9, 2022. Photo / Alan Gibson

McCay said Harlee-Rose arrived at the hospital 鈥渇lat, being lifeless ... no pulse鈥, or 鈥渁lmost dead鈥.

A series of CT scans revealed 鈥渆xtensive鈥 and 鈥渕assive鈥 damage to the girl鈥檚 liver, spleen, and pancreas.

鈥淭hings like the laceration to the liver and the pancreas had been cleaved ... split in two and this would again indicate that force has been applied.

鈥淭he force would have to be really significant.

鈥淭his was not a minor injury like she fell down or something like that.鈥

Waikato Hospital pediatric surgeon Dr Stephen Green told Dutch it could have happened by being stomped on or punched while laying on a flat surface.

He also said he鈥檇 treated children injured after a magic carpet ride but he鈥檇 never seen one with such a catastrophic abdominal injury.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at 九一星空无限 for nine years and has been a journalist for 20.

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