Murder-accused stepmother filmed autistic stepson dying in lounge

Harvey Borrington was found with head injuries at the house on Main Road

A woman filmed her three-year-old autistic stepson on her phone as he lay dying from a brain injury she inflicted by hitting him "multiple times", a court heard.

Harvey was taken to hospital on 7 August 2021, dying two days later from head injuries.

Leila Borrington, 23, said he became unconscious after he "fell backwards" off an armchair at her home.

She denies murder, manslaughter, wounding and four counts of assault.

A trial at Nottingham Crown Court heard Harvey had been dropped off by his birth mother to the house his father Jonathan shared with Ms Borrington, in Main Road, Jacksdale, Nottinghamshire, at about 18:30 BST on 6 August, as was customary in the parental agreement.

Unconscious on floor

Jonas Hankin KC, prosecuting, said Mr Borrington's working hours meant Harvey's stepmother "in practice" provided most of the parental care over the weekends.

On the afternoon of 7 August, Harvey's father went to the cinema, leaving him home alone with his stepmother.

Jurors were shown footage, filmed by Ms Borrington moments after Harvey's collapse, with the boy seen lying on his side and heard moaning.

On the video, which was sent to Harvey's father, the defendant can be heard saying "Harvey, Harv" while he continues to moan.

She can then be seen taking the boy's arm, lifting it up and letting it drop loosely to the floor, before continuing to film as he moans and lies unmoving on a living room rug.

"Her instinct, seeing a child unconscious and in distress having sustained serious injury following a fall, is to reach for her phone and make a video rather than call an ambulance," Mr Hankin said.

Ms Borrington later claimed the video was to show paramedics - though she did not, the court heard.

After messaging Mr Borrington the defendant rang emergency services, saying Harvey was unresponsive and being sick.

An ambulance arrived at 14:12 and took Harvey to King's Mill Hospital in Sutton-in-Ashfield.

He was transferred to the specialist paediatrics unit at Queen's Medical Centre in Nottingham "but it was plain that his head injuries were unsurvivable", Mr Hankin said, and he died in the early hours of 9 August.

A post-mortem examination found Harvey "had suffered trauma to the head", Mr Hankin said.

"That had caused damage to the brain itself and bleeding overlying the brain which, together, squashed and damaged the brain, ultimately causing his death," he said.

Medical experts all agreed the injuries indicated Harvey had been "unlawfully killed", the court heard.

'Red flag'

Mr Hankin said the jury would also hear it was one medical expert's view that fatal brain damage was inflicted "some hours prior to collapse".

"By one or more forceful hand strikes or slaps to the side of the head, followed by a substantial later impact, causing the skull fracture," he added.

Mr Hankin said the defendant told Mr Borrington and a neighbour she asked for help as Harvey had fallen and banged his head, but details she gave in accounts to police differed on where she was when he fell and if she saw him land.

He said varying accounts were "a red flag" in cases where children had been injured, adding doctors "were concerned that the nature and severity of Harvey's injuries did not match the defendant's explanation".

"There is a known association between inconsistency and abusive causation," he said.

"The defendant's explanation that Harvey fell from the sofa and hit his head and died as a result is implausible."

Mr Hankin also said Ms Borrington's behaviour in filming Harvey before calling for help "is very unusual in the circumstances", adding her tone towards him "suggests an absence of compassion".

Ms Borrington denied murder, manslaughter, one count of wounding and four charges of assault at Nottingham Crown Court

Other "older" injuries were also found on Harvey's body, including bruises and a broken arm that Ms Borrington had mentioned to police.

Jurors heard Harvey was diagnosed with autism aged two, and while he only used a handful of words he could communicate through taking a person's hand and by using "different types of scream".

Nursery staff had said he sometimes did not cry when in pain "unless he really hurt himself", while a document in his health and education plan noted: "Harvey doesn't like going to his dad's."

As well as being charged with murder and manslaughter, Ms Borrington is also accused of five other attacks, including one in which Harvey suffered a broken arm.

She has denied all counts, and the trial continues.