Prosecutors have implored a judge to use his common sense and life experience in determining whether a Canberra chef stuffed a wad of tissues down an 11-month-old baby's throat.
Luke Paul Szabo has been on trial in the ACT Supreme Court since last week. He has pleaded not guilty to inflicting grievous bodily harm and choking or suffocating an infant he was babysitting.
On Monday, prosecutor Anthony Williamson said his case amounted to the "overwhelming and inescapable inference" that it was Mr Szabo who stuffed tissues down the baby's throat.
He said the baby was rendered unconscious and had a hypoxia episode as a result of the incident on June 1, 2019, and Mr Szabo also assaulted the baby that day - causing him bruising and leg fractures.
Mr Williamson said Mr Szabo was "irritable and grumpy" on June 1, and could have been quick to lash out at the crying baby - for any parent knew how "extremely annoying" a crying baby could be.
He said the baby couldn't have accessed tissues - there weren't any around for him to access - and the 11-month-old's injuries were consistent with Mr Szabo assaulting him.
Mr Williamson's assertion came despite the defence's claim it was entirely possible the baby stuffed the four tissues down his own throat. The infant's family members testified he always placed things in his mouth, and sometimes kept shoving them in until he gagged.
Mr Szabo's barrister Margaret Jones said their own expert witness, Professor Johan Duflou, gave evidence the infant would have been capable of stuffing the tissues down his own throat.
She said the prosecution couldn't be sure there weren't tissues in the baby's cot on the night in question, because his mother only scanned it briefly in the dark before the incident.
Ms Jones said the baby's injuries were consistent with Mr Szabo's "enthusiastic" attempts at resuscitating the infant. The Canberra chef told police he tried to retrieve the tissues from the baby's throat with his fingers before he enlisted the help of the 11-month-old's sister.
He said he was panicking when he performed CPR on the baby.
Ms Jones said Mr Szabo also told police there weren't any tissues in the baby's cot before he heard him choking. She said if her client was "so calculating" as to force tissues down the infant's throat, he would have told police there were tissues in the baby's bed.
Justice Michael Elkaim will return a verdict at a later date.