WARNING: this story details allegations of significant and fatal child abuse.听
A Christchurch man听found guilty of murdering his baby daughter听- inflicting at least 31 fractures and two severe head injuries before the final and fatal assault - has been jailed for life.听听
And听Michael John Topp听must serve 17 years behind bars until he can be considered for parole.听听
鈥淣o sentence given today will ever be enough,鈥 the听baby鈥檚 mother told听a packed courtroom this morning in her almost 20-minute Victim Impact Statement.听
鈥淢ike has given [my baby] a death sentence. He has given me and her loved ones a lifelong sentence of pain and pining about what should have been.听
鈥淚 may never get closure... ultimately, he took the biggest thing he could have from me - my only child, my innocent daughter.听
鈥淗e took the most special part of me.鈥听
Topp鈥檚 3-month-old daughter died in Christchurch Hospital on December 30, 2022.听
It was later revealed she was the victim of 鈥渞epeated significant trauma and abuse鈥 in her short life.听
Along with the fractures she sustained two severe head injuries before the final and fatal catastrophic blunt force trauma.听
Police said the injuries could only have been caused by Topp 鈥測anking, pulling, smacking, sticking, squeezing, or applying pressure鈥 to her tiny body parts.听
Topp was charged with murder and three further counts of causing his baby grievous bodily harm with intent.听
The infant鈥檚 name has been permanently suppressed.听
Justice Anne Hinton. Photo / Michael Craig听
At his High Court trial, Topp admitted he caused the injuries that killed his baby girl - but denied the charge of murder.听
He said the baby鈥檚 death was a case of manslaughter, that while he harmed her he never intended to kill her.听
After hearing several weeks of evidence, the jury found Topp guilty of murder and two charges of deliberately injuring the baby.听
He was acquitted on the fourth charge.听
The convicted killer was sentenced today in the High Court at Christchurch by Justice Anne Hinton.听
The hearing began with the Victim Impact Statement from the baby鈥檚 mother - Topp鈥檚 ex-partner.听
She asked for a photograph of her little girl to be shown on screens around the courtroom as she read.听
Topp did not look at the woman as she spoke. He showed no emotion, but shook his head and frowned a number of times at her words.听
Mum鈥檚 anguish: 鈥淚 thought I could not go on living鈥听
鈥淣o sentence will either heal the wounds Mike has inflicted on me or take back pain that [my daughter] endured until her heart gave out,鈥 she said.听
鈥淣othing will ever make up for what he did... and every time Mike behaves like a coward and continues to claim his innocence, it just makes a mockery of the life he ended.听
鈥淢ike has shown no emotion other than annoyance and self-pity.听
鈥淒o I feel relieved for him being found guilty? No. I feel grateful that he can鈥檛 harm others for an enforced period of time.听
鈥淢ike - I will never forgive you.鈥听
The woman said she still had no answers as to why Topp hurt her baby. She will forever be haunted by the fact he was inflicting such awful injuries on the infant and keeping it from her.听
鈥淗e watched me take her to multiple doctors visits. He never told me, what he had just done to [my baby].听
鈥淓ach night at home while I stayed up with her concerned; Mike slept, went to the gym, fulfilled his own needs with no cares for us.听
鈥淚 sat in shock crying at the hospital wondering how our daughter choked trying to process why she was in surgery with a brain bleed. Meanwhile, Mike was secretly googling how to hide your searches and location from police.听
鈥淚n the following days, Mike slept soundly each night in the waiting room as he 鈥榥eeded his rest鈥 while I sat every minute with our daughter trying to understand what happened.鈥听
She told the court how she expressed milk for her tiny daughter, until she was told the baby would not survive.听
鈥淭he nurses said they need to dispose of it as [the baby] can鈥檛 take food anymore as she is now brain dead.听
鈥淢ike drank the milk in front of the nurses and said: 鈥榳ell, she won鈥檛 need it anymore鈥.鈥听
She said when it was time to turn off the baby鈥檚 life support Topp claimed he 鈥渨anted to cross the Rainbow Bridge with her鈥.听
鈥淗e said he wanted to die alongside her and that he needed to be the one to hold her as she passed,鈥 the woman said.听
鈥淭hank God, the nurses said no and placed her on me.鈥听
鈥淭he pain I felt in losing a child who I grew in me for nine months can only be described as my entire world being blown up. The pain was exacerbated by not understanding how or when she was harmed.鈥听
Michael John Topp on trial at the Christchurch High Court on May 1, 2024. Photo / Chris Skelton / Stuff听
After the baby died the woman ended her relationship with Topp - but he refused to accept that.听
She said he began 鈥渟talking鈥 her, sending her messages about taking his own life.听
鈥淚 was both hurt and angry,鈥 the woman said.听
鈥淚 had to ask police for a home alarm and asked Mike not to contact me because I couldn鈥檛 breathe or feel safe anymore... Mike was soon arrested and charged and... I learned he tried to blame me or my mother for [the baby鈥檚] death and her injuries.听
鈥淚 was particularly hurt when he attained a giant tattoo of [the baby鈥檚] name on his back and published it for all my friends and family to see in a family album.听
鈥淚t caused us great pain that this person who caused the death of my child would do this.鈥听
The extent of the baby鈥檚 injuries was not shared with her mother until six months after she died.听
鈥淚 was told the horrific news of how many injuries [the baby] had - not the when, not the how - just that number 31.听
鈥淥ne break for every year of my life.听
鈥淚 hoped Mike could finally tell the truth about what happened. When did it go so wrong? Why you didn鈥檛 say something at any point? You could have saved her life.听
鈥淚t was particularly difficult to witness Mike鈥檚 lack of any true remorse for what he has done, knowing the full extent of the injuries he caused.鈥听
After the baby died the woman found out information about Topp鈥檚 past that shocked her.听
She said had she known his full background she would not have had a child with him.听
The woman was angry and hurt that his family - who she considered her own - kept that information from her.听
The听Herald听cannot publish further details of this information.听
鈥淚 wish his family had given me the right to informed consent of who I was dating, having a child with which would have kept [my baby] safe,鈥 she said.听
鈥淚 now feel enormous pain and resentment towards those who I feel could have provided me with this information.听
鈥淢y resentment is based on the fact that I feel let down by them as I know I would never have engaged or save a relationship, let alone had a child to somebody if I had known the truth of this history.鈥听
The woman said the 鈥渢rial by social media鈥 as Topp was on trial in the High Court was 鈥渋ncredibly hard鈥.听
鈥淧eople with strong opinions said that... I as the mother should be punished or killed for allowing harm to happen to my child,鈥 she recalled.听
鈥淲hat wasn鈥檛 reported was the number of medical appointments that I took [the baby] to when I had concerns - and I was told every time it鈥檚 colic, it鈥檚 reflux - including the night before the fatal injuries.听
鈥淢ultiple medical professionals told me I was an over-worried first-time mum.听
鈥淏ut as the medical expert said [at trial] it鈥檚 more common than not for children of [the baby鈥檚] age with these injuries to have no marks.鈥听
The woman said the death of her child had 鈥減ermanently changed鈥 her.听
鈥淚 will never be the woman I once was,鈥 she said.听
鈥淗ow will I heal myself mentally and learn to balance my pain, anger at Mike for how he was able to hide his true self and his actions for so long? To forgive myself, for investing all the love... and supporting him through his complicated, demanding narcissistic needs?听
鈥淗ow didn鈥檛 I see all of those things for what they were until it was too late?听
鈥淭his is a life sentence that I鈥檝e been handed. Mike鈥檚 choices have denied my daughter the right to a life that she deserved.鈥听
You were a devoted mum - Judge鈥檚 words to grieving woman听
Justice Hinton began sentencing acknowledging the 鈥渉arrowing experience鈥 the baby鈥檚 family and friends had been through.听
鈥淭he impact of her death has been profound,鈥 she said.听
鈥淭here are too many deaths like this one.鈥听
Before she sentenced Topp she spoke directly to the baby鈥檚 mother.听
鈥淔rom all the evidence I heard and read during the trial... the messages between you and Mr Topp and the evidence of the medical people you took [the baby] to when she was crying and unsettling - you were an excellent and devoted mother,鈥 she said.听
鈥淵ou could not have not foreseen what Mr Topp was doing to [the baby]... Even the doctors you took [her]) to were totally unsuspecting... the doctors did not pick up that [the baby] had bone fractures and brain haemorrhages already. They thought she was suffering from... normal baby concerns.听
鈥淭hese are injuries that are not visible even when they kill.听
鈥淵ou are castigating yourself for your death and you are not to do so. It was in no way your fault. You are a victim.鈥听
The Crown sought a sentence of life in prison with a minimum non-parole period of 17 years or more.听
Prosecutor Deidre Elsmore argued the offending was callous, brutal and reckless and that Topp had no remorse.听
She said an 鈥渁pology letter鈥 he had written to the baby鈥檚 mother expressed regret about his actions on the morning he inflicted the fatal injuries and for the hurt caused.听
But it was 鈥渘ot clear鈥 whether he 鈥渁ccepts and admits his responsibility for the other injuries that we heard about - the other injuries that were the subject of the charges鈥.听
鈥淚t鈥檚 missing from that apology and it鈥檚 sobering to hear,鈥 Elsmore said.听
She said Topp had claimed he was 鈥減repared to face up to what he has done and be honest鈥 - however he had a 鈥渓imited insight into his offending鈥.听
Topp鈥檚 lawyer said Topp was suffering 鈥渙rdinary stressors鈥 associated with having a new baby.听
鈥淎nd Mr Topp had his many struggles - anxiety... It鈥檚 abundantly clear that his excessive gym attendance contributed to him burning out... the result is Mr Topp became tired, stressed and short-tempered and although he loved [the baby], and there was no suggestion at the trial that he meant to kill her, he became frustrated - and that frustration led to him losing control.听
鈥淚t鈥檚 a matter for your own whether you see Mr Topp as genuinely remorseful. But... it is important to remember that Mr Top has killed his own baby, his own flesh and blood and he will have to live with that for the rest of his life.鈥听
The defence submitted a minimum term of 15 years would adequately hold Topp to account, deter him and denounce what he did and reflect the sanctity of (the baby鈥檚) life and the harm he caused.鈥听
No remorse - Judge not buying Topp鈥檚 鈥榓pology鈥听
Justice Hinton said the victim was an 鈥渋nnocent and defenceless baby鈥 who was dependent on Topp.听
She accepted his offending was not premeditated but, it was significantly violent and reckless.听
While his lawyer argued the offending was mitigated by Topp鈥檚 personal circumstances at the time - including mental health issues, maladaptive coping and sleep deprivation.听
鈥淚t is significant that there were two incidents prior to the fatal one where you inflicted harm by significant force on an infant baby who was so defenceless,鈥 she said.听
鈥淵ou abused your position of trust - she should have been safe in your care. She was the opposite.鈥听
Justice Hinton said she did not accept Topp鈥檚 claims of remorse听
鈥淚 do not consider you are genuine,鈥 she said.听
She sentenced Topp to life in prison and ordered him to serve a minimum term of 17 years.听
听
I suspect a child is being abused. What should I do?听
Any abuse of a child is a serious matter. If you suspect a child is being abused it is important that you notify your local police or Oranga Tamariki.听
Any concerns about child abuse must be notified early so that an assessment of the child鈥檚 safety can be made.听
Early intervention by child protection services reduces harm to victims before the abuse has the opportunity to escalate.听
They would always rather know about your suspicions and be able to make their own assessment of the child鈥檚 safety than to not hear at all.听
In an emergency situation - always dial 111.听
To find the听听
To contact Oranga Tamariki phone 0508 Family or 0508 326 459 or email听[email protected]听
听
Anna Leask is a Christchurch-based reporter who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 18 years with a particular focus on family violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on听听
Take your Radio, Podcasts and Music with you
Get the iHeart App
Get more of the radio, music and podcasts you love with the FREE iHeartRadio app. Scan the QR code to download now.
Download from the app stores
Stream unlimited music, thousands of radio stations and podcasts all in one app. iHeartRadio is easy to use and all FREE