A mother accused of murdering her two-year old son accidentally recorded her boyfriend, the co-defendant, allegedly abusing him when he tried to catch him cheating.
Phylesia Shirley (24), is reported to have secretly recorded Kemar Brown (28), in her Thornton Heath flat to find out if he was talking to other women.
Court heard that recordings were taken by police in an investigation into Kyrell Matthews’ death. They are alleged to contain evidence of Matthews beating Brown and his telling him to get better. “shut up”The boy began crying and screaming.
The “harrowing”Audio was used to acquit jurors.
Kyrell, who was 20 years old, died in his mother’s apartment on October 20, 2019. A variety of injuries had left him with severe wounds, including a 1.6in (4cm), wide cut to his liver. He also suffered 41 rib fractures.
Shirley and Brown – Brown was not the boy’s father – deny that the boy was murdered and did anything to cause him harm.
Edward Brown, QC, the prosecutor at the Old Bailey, stated today that recordings provided a glimpse into the alleged abuses taking place during the months preceding Kyrell’s passing.
He said to jurors: “It makes for harrowing listening, because, say the prosecution, you will hear Kemar Brown hitting that child again and again on different days, and you will hear Kyrell crying and screaming as a result.”
It was stated that it could be done in one clip “slapping sounds” “hitting noises”It could be heard with Kyrell growing more distressed, before Brown can hear Brown saying it “shut up”.
Brown said that it was his voice being heard.
Shirley was then accused of asking questions: “What did he do?”
Brown said to have responded: “He got up.”
According to the prosecutor: “Plainly, she [Shirley] has seen distress at the very least, expecting punishment of Kyrell having taken place by Kemar Brown.
“It is plain, say the prosecution, what you can hear.”
Jurors were told that Kyrell was alive and well in the days prior to his death. “reluctant to go back into his mother’s flat”You’ve spent the day somewhere else.
Jurors were informed that the toddler, who was 21 years old at the time, was living with his mother full-time.
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Both defendants claimed they had left the flat the day Kyrell’s death. CCTV corroborated Shirley’s claim.
Kyrell was apparently found after she returned home. “floppy”, Shirley said she called the NHS’s non-emergency 111 number.
Although ambulance crews arrived within 12 mins, they were unable to revive the patient.
Prosecutor Mr Brown said: “This all happened behind closed doors, so to speak.
“What was found was a section on Phylesia Shirley’s phone that contained a number of recordings.
“It appears that Phylesia Shirley had taken to setting her phone up to record what might or might not be going on in the flat when she was out, or when she was at least not within earshot.
“It appears that she was checking up on Mr Brown to see if he was contacting other women.”
Brown also denies two further charges – causing or allowing death, and causing or allowing serious physical harm to a child.
Shirley admitted to allowing the death of a child and allowing severe physical harm to him.
The trial continues.