A PORT Macquarie man finds out Friday if he is guilty of assaulting his four-week-old daughter, choking her mother and resisting arrest.
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The 25-year-old pleaded not guilty to two counts of in Port Macquarie Local Court on December 10.
He sat silently in the same room to hear witness statements about the events of November 30, when he was arrested during a tense stand-off with police.
Senior constable Damian McAnarney gave evidence saying the accused didn't listen to police when they approached him outside an apartment about 12.17am.
"He was pretty hostile. His behaviour was out of control," Mr McAnarney said under cross examination.
The court was played video footage of the incident, with the accused seen to be holding his daughter against him.
"You're going to kill her" and "she can't breathe" were yelled by the accused's former partner on the recording.
The issue of the infant's inability to breathe was questioned repeatedly by defence solicitor Adam Slattery.
He asked two witnesses, including the accused's former partner, about the baby's lips allegedly going blue or purple.
The accused's former partner said the child had "stopped breathing".
"I seen her chest stop moving, and he was too intoxicated and wouldn't look down at her," she said.
Once the baby was released, the accused's former partner said she "had to rock her three or four times until (the baby) gasped".
The victim said the couple had argued inside the property earlier.
"I said something I can't recall, and then he punched me in the mouth," she said.
"I dropped to the ground in pain - I had a little bit of a split lip."
She then called 000 from the bathroom, but on emerging and was allegedly held against the wall.
"He grabbed my throat with his right hand, and squeezed around my neck," she said.
This was confirmed by her father during questions from Mr Slattery, with the witness describing the defendant's behaviour as "uncontrolled, fairly wild".
The woman started to cry as she examined 12 photographs of her injuries.
Under cross examination she admitted there had been a physical altercation between the accused and another woman earlier in the night, but said this hadn't caused her own injuries.
She blamed the accused's actions on consuming a litre of rum - "he was that intoxicated," she said.
"He's a great father. I don't know why he did what he did.
"He had no intentions of harming his child."
Senior constable Phillip Coulton admitted under cross examination he wasn't in a position to give first aid once the child was released by the accused, as he was trying to arrest the man.
"My gut instinct was that baby was in serious, serious harm," Mr Coulton told the court.
He added that the defendant was "definitely not submitting, not at all".
The case continues before magistrate Michelle Goodwin Friday, with only the accused and one prosecution witness left to take the stand.
ben.cooper@fairfaxmedia.com.au