Perth Father Found Guilty Again in Tragic Baby Shaking Death Case
A Perth father has been convicted for the second time of manslaughter after violently shaking his infant daughter to death, following a Supreme Court retrial that concluded this week. Juan Daniel Visagie, 32, inflicted an irreparable brain injury on baby Aleaha when she was just 28 days old, leading to her death four months later at age 20 weeks.
Details of the Tragic Incident and Trial
The incident occurred on the night of September 4, 2020, which was the first time Visagie had been left alone to care for his daughter. The baby, born four weeks premature, suffered fatal injuries after being shaken violently. During the retrial, which spanned almost two weeks, prosecutors detailed how Visagie's actions were driven by frustration and a lack of responsibility in childcare duties.
Prosecutor Michael Cvetkoski stated that Visagie's partner, Maddison Sammut, 20, handled all household and childcare tasks in their Gosnells home, while Visagie contributed very little. When disturbed by the baby's crying, he would often react with swearing and abusive behavior, highlighting a significant division of labor in their relationship.
Cover-Up Attempt and Medical Evidence
After the shaking incident, Visagie attempted to cover up his actions by coaching Ms. Sammut to lie, suggesting they both fell asleep on a sofa and woke to find the baby on the floor. However, medical experts testified that the baby was too young to roll off furniture, and bruises on her body were consistent with violent shaking rather than accidental injury. A paediatric expert confirmed that the brain damage was not accidental, supporting the prosecution's case.
In his second police interview, Visagie admitted to lying about Ms. Sammut's involvement, further implicating himself. The jury delivered a guilty verdict after just two hours of deliberations, leading to emotional reactions from supporters in the courtroom.
Sentencing and Family Response
Justice Bruno Fiannaca, who presided over the first trial and sentenced Visagie to 11 years in jail in 2023, will determine the new sentence at a later date. A directions hearing is scheduled for Friday to discuss sentencing details. Visagie has been remanded in custody, and his barrister, Julian McMahon, indicated plans to seek a neuropsychological report ahead of sentencing.
Outside court, Ms. Sammut's father, Dean Sammut, expressed relief at the verdict, stating it had been a long five and a half years to reach this point. He emphasized that Aleaha remains in their hearts as they move forward from the tragedy.
This case underscores the severe consequences of child abuse and the legal system's commitment to holding perpetrators accountable, even after appeals and retrials.
