A Melbourne babysitter cleared of killing a 10-month-old girl could still face a retrial, a court has been told.
Ketapat Jenkins was excused from testifying at an inquest into Chloe Murphy's death on Tuesday, after her barrister objected on the ground of self-incrimination.
Mrs Jenkins was found not guilty of child homicide in 2014, but the Coroners Court of Victoria heard she could be retried if fresh and compelling evidence arose.
Barrister Mandy Fox argued any evidence Mrs Jenkins gave could potentially expose her to another prosecution.
Coroner Jacqui Hawkins found it was in the interest of justice to excuse the babysitter.
Chloe's parents, Anthony and Phurithee Murphy, dropped her at Mrs Jenkins' Kensington home on December 3, 2010 and went to a movie.
It was the second time Mrs Jenkins had babysat Chloe.
The first time the couple received several phone calls from her, but Mrs Jenkins did not call on this night, Mr Murphy told the court.
He said Mrs Jenkins met them at the door when they returned, cradling a limp Chloe like a newborn before asking the couple: "Why didn't you tell me your child has asthma?".
They responded that Chloe didn't have asthma before rushing her to the Royal Children's Hospital.
Chloe, who had a significant brain injury as well as a fractured skull and arm, and eye haemorrhages, died two days later.
A panel of nine medical experts told the inquest this week Chloe's injuries were probably non-accidental and had occurred after the baby was dropped off.
They were consistent with Chloe's arm being grabbed and twisted, the baby being shaken and then thrown against the floor or a wall, the experts found.
It was also possible, but less likely, Chloe was injured in a fall down the stairs while in a walker or her carer's arms, or that she fell or was thrown from the first floor.
Mr Murphy said he believed his daughter had been let down by the justice system, telling the court he thought Mrs Jenkins' trial was not thorough.
Mrs Jenkins has consistently denied harming Chloe deliberately or accidentally.
The inquest continues on Wednesday.
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