Mitchell David Callaway, 37, was arrested Coffs Harbour last week following a five-year investigation by police.

He has been charged with one count of murder over the death of a nine-month-old girl in Binnaway in July 2018.

The Coffs Harbour Local Court heard on Tuesday, that on July 23, 2018, the child was left with Mr Callaway by the child's mother.

Ninety minutes later the infant was found unresponsive and later died at Coonabarabran Hospital.

Medical evidence provided to the court said the girl had suffered significant trauma injuries to the head, not natural or the result of an accident.

Mr Callaway is yet to enter a plea.

Comple case:

In submissions for a release application, defence lawyer Alexander Leal Smith described the case as one of "extraordinary complexity".

Mr Leal Smith argued the Crown case against Mr Callaway was not strong due to differing medical expert opinions.

"[There are] significant differences of opinion into the cause of the death of the deceased," he said.

Mr Leal Smith also argued there were differences of opinion on the timing of the injuries.

When making the case for Mr Callaway's bail, Mr Leal Smith highlighted the 37-year-old's strong community ties, particularly to his family, to argue he represented a low risk.

The defence also argued Mr Callaway had not committed any offences since 2018.

The proposed bail conditions would have confined Mr Callaway to his home except for accessing legal advice or medical services.

Case against Mr Callaway strong, Crown says:

Police prosecutor Sergeant Kylie Banks said the Crown case was strong.

Reading from police facts, Sergeant Banks read to the court a transcript of a phone conversation between Mr Callaway and the mother of the deceased after a car accident in 2018.

"I'm so sorry bub, I didn't mean to hurt her," Mr Callaway is alleged to have said.

"I'm so sorry, you're the best mum, I'm so sorry."

Sergeant Banks said Mr Callaway posed a real risk of interference with witnesses due to give evidence in proceedings.

"Those risks are unable to be mitigated appropriately," she said

She also argued Mr Callaway became "Extraordinarily hostile" towards police during his arrest last week after seeing his mother acting in a similar way.

The defence said they had not been made aware of that material and argued Mr Callaway was cooperative with police.

In making her decision, Magistrate Julia Virgo accepted the prosecution's argument that witness interference was a genuine issue.

"It is my view that even a house arrest-type condition coupled with an obligation to report to police will not mitigate the risks to the Crown witnesses in this matter," the magistrate said.

Magistrate Virgo also noted medical evidence provided, and police evidence, of what they alleged was a partial admission from Mr Callaway after a car accident.

She rejected the defence's argument of conjecture amongst medical experts.

""In my experience, it is rare that experts entirely agree with one another," she said.

"There is little divergence of opinion as to the blunt force trauma and non-accidental nature of injuries."

Mr Callaway will next appear before Dubbo Local Court on June 22.

Original Story By | Nick Parmeter