Couple jailed for neglect of 4-year-old were suspected of his murder
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A mother and her then partner who were jailed for neglecting a four-year-old boy who died after suffering "non-accidental" head and bowel injuries were initially arrested on suspicion of murder, it can be revealed.
However, after continuing to deny their involvement they were jointly charged with manslaughter. The pair would later plead guilty to reduced charges of neglect.
Ashton Cresswell died in April 2017.
RNZ earlier reported
that the cause of his death was deemed to be "non-accidental" head and bowel injuries. A post-mortem found 65 bruises across his small body.
Coroner Mary-Anne Borrowdale found the fatal injuries suffered by Asthon were likely inflicted by Ashton's mother's partner Peter Otuszewski, either through misadventure during rough play, or through a more deliberate act of violence.
In an exclusive interview with RNZ, Otuszewski denied being responsible for Ashton's death.
"It is horrific what happened to him. It is unfair what happened to him. But I didn't cause him to die."
RNZ has obtained several statements connected to Ashton's death under the Official Information Act.
Do you know more? Email
sam.sherwood@rnz.co.nz
Among them is a statement from the officer in charge of the investigation Detective Sergeant Rochelle Ross.
Ross said that after the cause of Ashton's death was established, the investigation moved into a "suspect interview phase".
Both Ashton's mother Alesha Cresswell and Otuszewski were interviewed in the hours after Ashton's death. Ross said the pair provided accounts which were "not consistent with the fact that Ashton had been deceased for some time prior to the emergency services arriving".
No-one was charged with causing the fatal injuries to Ashton.
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On 18 September 2017, Cresswell was interviewed for a second time for nearly three hours.
"Her account differed from her original account and was inconsistent and contrived with her making assertions which were known to be untrue or were later proved to be untrue," Ross said.
Six weeks later Otuszewski was interviewed by police. Ross said he changed his account from that which he gave in the hours after Ashton's death.
"Neither party could offer any explanation for how Ashton sustained the injuries that ultimately caused his death."
The investigation was then summarised and referred to the Crown Solicitor for prosecution advice.
On 29 May 2019 the pair were arrested for the murder of Ashton, Ross said.
Otuszewski and Cresswell were then interviewed for a third time. Both lasted about 15 minutes.
"Both parties continued to deny any knowledge of how Ashton sustained the injuries which led to his death," Ross said.
They were then jointly charged with manslaughter. The charge alleged that, without lawful excuse, the pair neglected their legal duty to provide Ashton with the necessities of life.
Ross said that following further court appearances and in consultation with the Crown Solicitor's office the matter was resolved with guilty pleas on charges of neglect.
Cresswell was sentenced to three years, 11 months imprisonment. Otuszewski was jailed for four years and one month.
In response to questions from RNZ, Central District manager of criminal investigations Detective Inspector Craig Sheridan said the investigation team had "good cause" to suspect the couple had committed the offence of murder when they were arrested.
Following the third interview the decision was made, in consultation with the Crown, to charge the pair with manslaughter.
Charging documents of murder were never filed, he said.
He said it was a "robust investigation".
Sheridan earlier said the evidence supported the resulting charges of neglect.
"Police acknowledge the coroner's findings in relation to Ashton's tragic and entirely avoidable death."
He said there was no ongoing investigation.
Near the bottom of Coroner Borrowdale's report, she says Ashton Cresswell was not a name "well-known to New Zealanders".
"No-one was convicted of causing the non-accidental injuries that led to his death. No government or support agency was involved in the protection of Ashton and his siblings from child abuse.
"Ashton was not attending any pre-school when he died. No-one who had contact with Ashton, his mother, or her short-term partner foresaw that Ashton's life was at risk… no-one saw what was coming."
Borrowdale made damning remarks about the couple's attempted explanations of Ashton's injuries.
"Ashton was 'careless' and 'clumsy' because he was tiny, vulnerable, and had developmental delays.
"These characteristics ought to have led to Ashton being treated with kid gloves, receiving even more protection and care than an ordinarily robust four-year-old. It was grotesquely self-serving of his parent and caregiver, who I find were responsible for his death and its concealment, to have excused their violence and neglect by reference to Ashton's frailties."
She concluded by saying Ashton's death was a "tragedy".
"It is shameful that Ashton died violently and prematurely, in his home and due to the actions - and inactions - of the people who were entrusted with his care and safety. I offer my sincere condolences to those who knew and loved Ashton."
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