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Tears as jury finds teen stepmum killed toddler Harlee-Rose

Author
Belinda Feek,
Publish Date
Fri, 23 Aug 2024, 7:03pm
Dylan Berry with daughter, Harlee-Rose Niven, on his motorbike, and Jessica Mulford in the dock of the High Court at Hamilton. Photos / Supplied/Belinda Feek
Dylan Berry with daughter, Harlee-Rose Niven, on his motorbike, and Jessica Mulford in the dock of the High Court at Hamilton. Photos / Supplied/Belinda Feek

Tears as jury finds teen stepmum killed toddler Harlee-Rose

Author
Belinda Feek,
Publish Date
Fri, 23 Aug 2024, 7:03pm

A young step-mum has been found guilty of the manslaughter of 2-year-old Harlee-Rose Niven.

Jessica Lee Rose Mulford appeared to fight back tears as the jury foreman delivered a not guilty verdict on a murder charge before saying she was instead guilty on the alternative charge of manslaughter.

The jury also found the now 20-year-old guilty on a charge of injuring with intent to injure the toddler in the months before she died.

Sobs were heard across the packed public gallery as members of the families affected struggled to contain emotion.

The judge cleared the public gallery after the verdicts, before setting a sentencing date, and thanking the jury for their service.

Mulford-old has been on trial in the High Court at Hamilton defending a charge of murdering the toddler in Hamilton on April 9, 2022, and injuring her with intent by strangulation in Tauranga on November 9, 2021.

Harlee-Rose died of 鈥渃atastrophic鈥 abdominal injuries in Waikato Hospital after being found unresponsive and blue in her bed by Mulford.

The Crown claimed Mulford killed the toddler after she 鈥渟napped鈥, having built up resentment at having to take over the shared full-time care with Harlee-Rose鈥檚 father, Dylan Berry.

However, the defence submitted Berry was also home that morning, and the toddler had several other accidents in the days leading up to her death in which she was bruised.

The 11-person jury was sent out to begin deliberations at 3.45pm on Thursday before returning their verdicts at 5:30pm on Friday.

The public gallery has been packed full of supporters throughout the past two weeks of trial.

Mulford鈥檚 family has been sitting directly behind her, while Berry and his family have also attended each day along with the toddler鈥檚 mother, Paige Niven, and her family.

鈥楿nderlying frustration and resentment鈥
Crown prosecutor Rebecca Mann told the jury in her summing up yesterday, 鈥淭he evidence is clear, Jessica Mulford inflicted significant force on the abdomen of little Harlee-Rose and by doing so caused her death鈥.

鈥淭he Crown case is that she did so with murderous intent ... that either she intended to kill Harlee-Rose or, at the very least, intended to cause her bodily injury in circumstances where she knew she would likely cause her death and went ahead anyway.鈥

Mann submitted the killing came against a backdrop of earlier 鈥渦nderlying frustration鈥 and resentment at having to take over shared care with Berry, from the toddler鈥檚 mother, Paige Niven.

She asked the jury to focus their deliberations on the key points in time when the Crown alleged Mulford applied the force; first around Harlee-Rose鈥檚 neck, and to her abdomen.

Mann said Mulford knew Harlee-Rose was in pain that morning; she gave her the 鈥渂iggest dose鈥 she ever had of ibuprofen, a 200mg tablet, and put a bandage on her as the toddler said she was 鈥渟ore鈥.

Dylan Berry with daughter Harlee-Rose Niven. Photo / Supplied

Dylan Berry with daughter Harlee-Rose Niven. Photo / Supplied

Mulford had also come up with several reasons for the bruises, which Mann dubbed, 鈥渢he literal definition of clutching at straws鈥; a fall in the shower, in the bath, off her trike, and scooter.

Mann said medical experts had ruled those out as being able to cause such 鈥渃atastrophic鈥 injuries, as 鈥渟ignificant鈥 force would be required.

Waikato Hospital paediatrician Dr Hamish McCay testified that Harlee-Rose would have become 鈥渧ery unwell鈥 within minutes after the force was applied, she said.

There was unchallenged evidence that the only person who had been alone with Harlee-Rose the morning she died was Mulford, she鈥檇 said so herself.

The experts had also ruled out a 鈥榤agic carpet ride鈥 she鈥檇 earlier had with her dad as causing the injury, while the defence witness on Wednesday recalled it happening two weeks prior.

The evidence was also clear, she claimed, in relation to the injuring charge from November 2021, when the crown allege she was strangled.

Tauranga Hospital pediatrician Dr Anita Lala testified that Harlee-Rose鈥檚 face looked 鈥渜uite congested鈥, most prominently on the cheeks and forehead, and under the jaw.

鈥淚 was concerned that a strangulation, non-accidental injury had occurred.鈥

鈥楬is account is entirely self-serving鈥

Defence counsel Rebekah Webby summed up the defence position for the jury, with a quote from her client.

鈥淚 didn鈥檛 do anything that morning to inflict any harm or pain on Harlee-Rose Niven鈥, which was what Mulford told Detective Jenna Hudson during her police DVD interview on October 22, 2022.

Instead, Webby suggested, the jury should look more closely at Berry鈥檚 actions that morning, and how he鈥檇 鈥渄istanced himself鈥 by saying he was outside.

鈥淢iss Mulford has a consistent story. Mr Berry鈥檚 does not have a ring of truth.

鈥淗is account is entirely self-serving.鈥

Berry told the court he was sitting outside listening to the birds chirping and playing with their cat, 鈥渋t does not make sense鈥, Webby suggested.

She noted that even the police weren鈥檛 sure when interviewing Mulford in October 2022, stating they had 鈥渟uspicions鈥 she inflicted the injuries.

鈥淪uspicion ... that鈥檚 not the standard of proof that we have got here鈥, adding that neither ESR nor the experts could tell them who inflicted the injuries.

鈥淭he reason Miss Mulford is before you today is because she changed Harlee that morning, but it completely and utterly ignores the reason she has given, that the child was already sore.鈥

Mulford had been open with police, volunteered information, and kept blaming herself for giving the girl too much ibuprofen.

As for her texts to the child鈥檚 mother and her own mother, it was simply Mulford venting as she was having a 鈥渂ad day鈥, and just part of everyday life as a parent.

However, a jury has disagreed deciding she was the person who hurt and later killed Harlee-Rose.

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