Toddler likely 'smothered' after addict took drugs 'all night', court hears
A Queensland man took drugs "all night" before he murdered his partner's two-year-old son in a suspected smothering, a court has heard.
Joshua Migala died with a "constellation" of injuries at Logan, south of Brisbane, in April 2015.
Joel Nicholas Kuskey, 30, was later accused of his murder, following a two-year investigation.
No motive for the alleged murder has been established and Mr Kuskey's barrister Andrew Boe has argued his client and the child had an affectionate and "loving relationship".
But prosecutors believe Mr Kuskey's ice addiction may have been behind the boy's death.
"One can only look at the fact the defendant had been with a friend taking drugs all night, had been up very late the preceding night," barrister Phil McCarthy, for the Director of Public Prosecutions, told Brisbane Supreme Court on Thursday.
"One suspects the defendant was tired and one suspects the child had been left in his care."
Medical opinion left open the possibility Joshua died from a cot accident, Mr Boe said.
But prosecutors alleged he was likely smothered with a pillow in the lounge of his unit, with pattern abrasions on his face consistent with the patterning of a pillow in the lounge.
They speculated Mr Kuskey took Joshua to his room after he had assaulted him to conceal his death.
"The defendant had opportunity, in the absence of the mother, to have caused the infant's death and then have moved the child from that position to the cot," Mr McCarthy said.
"The constellation of injuries in this particular case really don't lend to a single impact trauma, such as a fall from a cot."
Mr Boe labelled the prosecution's circumstantial case weak, saying bruises on his body could not be dated and could have been caused by resuscitation attempts.
Justice James Douglas denied Mr Kuskey bail after rejecting Mr Boe's arguments.
"There is clear evidence to suggest these injuries are unusual," Justice Douglas said.
He also deemed Kuskey an unacceptable risk of reoffending and of failing to appear in court.
AAP