Dad on trial at Salford Nightingale Court in 'manslaughter' case
A court's heard an 11-month-old boy died after he was thrown into a river by his dad.
An 11-month-old boy died after he was thrown into a river by his father, a court has heard.
Baby Zakari Bennett-Eko was rescued from the River Irwell in Radcliffe, Greater Manchester, on September 11 last year by emergency services but later pronounced dead at hospital, a jury at a Nightingale court sitting at The Lowry theatre in Salford heard on Monday.
His father Zak Bennett-Eko, 23, denies his murder and was suffering from paranoid schizophrenia at the time of the incident, the court heard.
Rob Hall, prosecuting, said: "At 4.20 in the afternoon of Wednesday September 11 2019 in Radcliffe, north Manchester, Zak Bennett-Eko, then 22 years old, threw his 11-month-old son Zakari into the River Irwell.
"There is no dispute that at the time Mr Bennett-Eko was suffering from mental illness.
"The act was observed by members of the public who quickly raised the alarm, however due to the inaccessibility of the river and strength of the current it was about an hour before the emergency services were able to rescue Zakari, by which time his heart had stopped and he was very cold.''
He said Zakari was pronounced dead at the Royal Bolton Hospital at 6.55pm.
Mr Hall said: "The prosecution case is simply that the defendant, Mr Bennett-Eko, is guilty of manslaughter by reason of his responsibility being diminished by his mental illness.
"The defence case is that Mr Bennett-Eko is not guilty by reason of insanity from his mental illness, although the defence accept that in the alternative he is guilty of manslaughter by reason of his responsibility being diminished by mental illness.''
He said the prosecution did not seek a conviction on the charge of murder.
Judge Mr Justice Fraser told the seven women and five men on the jury they would hear evidence from experts about the defendant's mental health.
He said: "You must go on to decide whether, as a result of the disease of the mind from which the defendant was suffering at that time, it is more likely than not that either, a, he did not know what he was doing when he threw his son into the river or, b, he did not know what he was doing was wrong by the standards of reasonable, ordinary people.''
The court was told Bennett-Eko, of no fixed address, was not present in court because he was too unwell to attend.
The judge said the jury may be the only one in the country to hear such a trial in one of the Nightingale courts, set up to deal with a backlog of cases caused by the coronavirus pandemic.
He said: "_It is a bit unusual to be sitting in a theatre and looking at a judge who is sitting on what would be a stag_e.
"This building is, for all intents and purposes, for this trial, a crown court.
"It is as serious business as conducted in any crown court and the fact it is a theatre is not going to change the trial process at all.''
The trial, which is expected to last five to seven days, was adjourned until Tuesday when the prosecution will open the case.