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Accused said 'it's not fair' as girl died

The man accused of murdering his partner's two-year-old can be heard swearing and saying "it's not fair" in a triple-zero call heard in court on Wednesday.

NSW toddler Tanilla Warrick-Deaves
Tanilla Warrick-Deaves (AAP)

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Source: AAP


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The man accused of murdering Tanilla Warrick-Deaves was frantically swearing and saying "it's not fair" as the toddler lay dying, a Sydney court has heard.

Donna Deaves continued giving evidence in the Supreme Court on Wednesday in the trial of her former partner, Warren Ross, who has pleaded not guilty to murdering her two-year-old daughter Tanilla.

A dramatic recording was played in court of the triple-zero call she made shortly after finding Tanilla not breathing.

In it, a panic-stricken Deaves can be heard screaming, "my baby's not f***ing breathing".

Ross then takes the phone and describes Tanilla as "black and blue" before he attempts CPR.

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After the operator tells him they're organising an ambulance, he says, "she's dying (inaudible) it's not fair".

The Crown alleges Ross killed Tanilla at her NSW Central Coast home on August 25, 2011 after subjecting the child to weeks of abuse as he tried to toilet train her.

Deaves has been jailed for at least nine years for Tanilla's manslaughter and says Ross pressured her to paint the death as an accident.

But when defence barrister Sarah McNaughton, SC, asked Deaves why she changed her story, she denied deliberately doing so to divert responsibility for Tanilla's murder.

"The best way not to be blamed is to blame someone else," Ms McNaughton said.

"That didn't even cross my mind," Deaves replied.

Pressed to say why she only told police the truth a month after Tanilla's death, Deaves said she had been "too scared" of Ross to come clean.

"I hadn't been that scared before. I'd never come across someone that angry," she said.

She said she still continued her relationship with Ross after Tanilla died because she still had feelings for him.

"I still loved him even though I hated him because of what he'd done," she told the court.

Another recording was played of a phone conversation a month later, in which Ross can be heard raging and swearing at a sobbing Deaves for losing his bong while the two were camping.

"I want me bong. It should've been in the car like I f***n' asked," Ross says.

After Deaves apologises repeatedly, he adds, "we're finished".

"I don't love you anymore ...'cause you're not standing by me," he says.

Deaves had earlier told the court Ross threatened to pin the death on her if she told police the truth, and had previously been counselled for anger issues.

She has also received a reduced sentence for giving evidence in the trial.

The trial continues before Justice Stephen Rothman.


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