Qld toddler smothered by drug addict 20190725 p5x7ic.html – Breaking News & Latest Updates 2026
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This was published 7 years ago

Queensland toddler 'smothered' by drug addict

AAP

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A Queensland man took drugs "all night" before he murdered his partner's two-year-old son in a suspected smothering, a court has been told.

Joshua Migala died with a "constellation" of injuries at Logan, south of Brisbane, in April 2015.

Joel Nicholas Kuskey, 30, was later accused of his murder, following a two-year investigation.

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Joshua Migala. Supplied

No motive for the alleged murder has been established and Kuskey's barrister Andrew Boe argued he and the child had an affectionate and "loving relationship".

But prosecutors believe Kuskey's ice addiction may have been behind the boy's death.

"One can only look at the fact the defendant had been with a friend taking drugs all night, had been up very late the preceding night," barrister Phil McCarthy, for the Director of Public Prosecutions, told Brisbane Supreme Court today.

"One suspects the defendant was tired and one suspects the child had been left in his care."

Medical opinion left open the possibility Joshua died from a cot accident, Mr Boe said.

But prosecutors allege he was likely smothered with a pillow in the lounge of his unit, with pattern abrasions on his face consistent with the patterning of a pillow in the lounge.

They also speculate Kuskey took Joshua to his room after he had assaulted him to conceal his death.

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"The defendant had opportunity, in the absence of the mother, to have caused the infant's death and then have moved the child from that position to the cot," Mr McCarthy said.

"The constellation of injuries in this particular case really don't lend to a single impact trauma, such as a fall from a cot."

Mr Boe labelled the prosecution's circumstantial case weak, saying bruises on his body could not be dated and could have been caused by resuscitation attempts.

Justice James Douglas denied Kusky bail after rejecting Mr Boe's arguments.

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"There is clear evidence to suggest there injuries are unusual," Justice Douglas said.

He also deemed Kuskey an unacceptable risk of reoffending and of failing to appear in court.

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