A man accused of fatally bashing his partner's toddler has been found not guilty of murder by a judge who said "it was probably him".
But Justice Michael David said he could not exclude the hypothesis that the boy's mother, Latara Hunt, inflicted the trauma that ultimately caused the death of two-year-old BJ Williams.
Brock Michael Powell had been found guilty of murdering BJ on January 13, 2012, by bashing him in the Adelaide granny flat he shared with Ms Hunt.
But the SA Court of Criminal Appeal overturned the conviction and ordered a retrial, which was heard by Justice David without a jury.
"I suspect it was the accused," he said in his decision, which was handed down in the Supreme Court on Friday.
"In fact, I think it was probably him.
"However, on the evidence placed before me, I cannot be convinced that this is so to the requisite onus".
After his first judge-alone trial, the now 26-year-old was jailed for at least 22 years but was granted bail after winning his appeal.
The appeal court concluded the judge failed to make adequate findings on the critical issue of Ms Hunt's opportunity to inflict the fatal injuries.
Justice David said he did not read the original verdict, nor the appeal decision.
BJ, who was covered in bruises including in his genital area, suffered extensive brain injuries which the crown contended resulted from a "deliberate and sustained attack".
"I have no doubt that an accident can be rejected," Justice David said.
He said he was faced with the possibilities that Mr Powell assaulted BJ, that when he was out of the room briefly Ms Hunt did it, or they both assaulted the boy.
"The dilemma with which I am faced is that both of the main parties in this case, namely, the accused and Latara Hunt, have at various stages lied.
"It is difficult to trust anything each of them says."
He said he could not draw any distinction between either of them as to their respective capabilities to commit the crime.
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