Toddler death mum in fresh bid for bail
THE mother of a Cairns toddler who died from a methylamphetamine overdose is set to make a fresh appeal for bail in Cairns' highest court after completing an eight-week course in jail about family relationships.
Lina Marie Daley, 21, is charged with causing the death of her 13-month-old boy Makavelii Leoni after he was found unresponsive by paramedics in their White Rock house in September last year.
Detectives charged her with manslaughter, torture, and drug trafficking last month after a major investigation into his death.
She was denied bail in the Cairns Magistrates Court last week after the court heard the toddler had allegedly suffered "prolonged" and "systemic exposure" to the drug through the breast milk of his drug-addicted mother.
It is believed baby "Maka" might have picked up a chunk of meth from his mum's alleged stash and swallowed it.
Ms Daley has now launched a fresh bid for freedom in the Cairns Supreme Court.
In documents filed in court yesterday by her barrister Kelly Goodwin, he argued Ms Daley's circumstances had changed to allow her bail, including a heavy study program while in custody at Townsville Women's Correctional Centre.
Mr Goodwin said she had also been accepted into a three-month rehabilitation program at Gindaja Treatment and Healing Centre in Yarrabah.
"This program provides (Ms Daley) with a three-month alternative bail address that is in Yarrabah and provides a supported environment for people that are challenged by alcohol and drug use," Mr Goodwin's affidavit said.
He said she had also obtained multiple TAFE qualifications during her 175 days in custody.
These included certificates in hospitality, business, foundation skills, resilience and an eight-week course called Shine for Kids - Belonging to Family which is designed to improve indigenous inmates' relationships with their partners, children and extended family.
Mr Goodwin claimed the police case against Ms Daley was circumstantial and had "substantial weaknesses".
He said police could not detail specifically when or how "Maka" ingested the drugs and there were multiple people living in the house at the time.
He also said in respect to a group of 17 other unrelated charges she was currently facing, there was a chance they may not result in further jail time.
"It is accepted the number and nature of the … charges appear serious, however, when the offences are put into the context of the progress of the case conferencing, (her) role in the offending, her antecedence, her limited criminal history and time she has already been remanded in custody, it is unlikely (she) will be required to serve any further custodial time," he said.
In a separate affidavit, Ms Daley said she would be prepared to abide by strict bail conditions, including attending rehab and having no contact with co-offenders or witnesses, if allowed out, and had the support of her mother.
The application is due to be heard before Justice Jim Henry on Friday.