At least one parent of the Kahui twins looks set to face fresh charges over their deaths.
Legal sources have told Firstline that enough new evidence has emerged at the inquest to show that either one or both parents “failed to provide the necessaries of life”.
The decision is based on delays in getting the twins to hospital after they were injured, as well as their dehydrated state.
The offence carries a maximum prison term of seven years.
The inquest continues today. Click here for live updates
3 News reporter Emma Brannam has been following the inquest.
She says under the Crimes Act 1961 there is a duty for parents to provide the necessaries of life – “things like not feeding a person who can’t take care of themselves… basic things that they need to survive” - and failure to do so is a criminal act.
Chris Kahui gave evidence in person at the inquest – which he didn’t at the trial – and has “basically changed his mind” over when the twins were last fed, leading to some suggestion that the twins could have gone for up to 24 hours without food.
Medical experts have also said the twins’ injuries were so severe they should have been taken to hospital earlier, with one expert saying the lack of earlier care meant “their fate was sealed”.
The Coroner has one more witness to hear from today, and the inquest is expected to conclude by lunchtime.
A decision on the charges won’t be made until after the coroner publishes his findings from the inquest, which concludes today.
Yesterday the court heard from family members including Mona Kahui, the aunt of the three-month-old babies.
She told the inquest that Chris Kahui looked to the twins’ mother Macsyna King for direction on dealing with the babies, as she had had children before.
Mona Kahui also said she was told by Macsyna King that baby Chris would sometimes hold his breath when winding, and a gentle shake to his shoulder and “a tap” would see him start breathing again.
She also said she was not part of “a wall of silence” and never refused to speak to the police.
The inquest has also heard from director of the Starship Hospital child protection team Dr Patrick Kelly and a panel of medical experts.
3 News