A dad accused of murdering his baby son changed his story ‘in a final throw of the dice’ to escape justice, a court heard.
Kane Kennedy, 20, told a fellow inmate he had slept in a separate room from seven-month-old Oskar on the night before he died, while he was on remand in March.
But Peter Reid QC, prosecuting, said Kennedy gave that explanation in prison to avoid bullying and abuse from other prisoners.
It was only in November that Kennedy, of Harewood Avenue, Heysham, signed a written statement setting out his new defence.
Oskar Kennedy-Jobey died of smothering and had a catalogue of non-accidental injuries when he was taken to the Royal Lancaster Infirmary.
Kennedy told police, paramedics and doctors he had fallen asleep on the sofa with his son and woken to find the baby unresponsive.
But in November, he changed his story, claiming he had slept in a separate room to Oskar and his mum Tia Jobey.
Mr Reid said: “There was no point sticking with his accidental overlaying defence he had decided to tell everybody. What else is there if he hopes to avoid the consequences of his unlawful actions?
“He comes up with a final throw of the dice to blame Tia Jobey the woman he told police unequivocally had nothing to do with causing Oskar’s injuries or Oskar’s death.
“Who wanted to protect Oskar? Who was afraid harm may befall Oskar?
“The Facebook messages demonstrate Tia Jobey’s caring attitude towards Oskar and her concern that if Kane Kennedy continued to use cannabis, Oskar would be put at risk of physical injury - and serious physical injury.”
But Kennedy’s lawyer Michael Hayton QC said his client had a ‘fractured’ upbringing and had lied to keep his family unit with Jobey intact.
He said: “He has told lies and you may at times think he has acted strangely or oddly.
“You might find he has behaved criminally.
“But as you judge his evidence that is at the core of this case remember as a 19 year old as he was that morning, how he must have felt, dealing with his stiff, young baby, not knowing what to do, not knowing how to help and fearful for what might happen.”
He added: “This is Kane Kennedy wanting to be a man about it, take it for the family.
“It is very old-fashioned and out-of-date but is it possible for a man of his background?”
Kennedy denied murder and manslaughter in respect of his baby son.
The jury is expected to retire to consider its verdict on Monday.