A year-and-a-half-long court ordeal has come to an end for a former X Factor contestant after the murder charge against him was withdrawn.
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Mitchell David Callaway, 38, was excused from appearing at Dubbo Local Court on Thursday, December 5, as crown prosecutors confirmed the single charge against him was withdrawn.
The charge against Mr Callaway - who placed seventh on season three of X Factor Australia in 2011 - came after a baby died while in his care at a home in Binnaway in 2018.
Paramedics were called to the home at about 10am on July 23, 2018, after reports the nine-month-old girl was unresponsive.
The child was rushed to Coonabarabran Hospital, but died shortly after getting to hospital.
Officers from the Orana-Mid Western Police District established Strike Force King to investigate the circumstances surrounding the baby's death. After receiving new information, police searched a home in Binnaway on May 31, 2023.
Following the search, detectives arrested Mr Callaway at a home in Bowraville at 9.45am on Thursday, June 8, 2023. He was taken to Macksville Police Station and charged with murder.
He was released on bail by the NSW Supreme Court in December 2023.
Cause of death called into question
On November 7, 2024, the court heard the Director of Public Prosecutions would be bringing a new prosecutor into the case to consider an application to withdraw the charge.
This followed a lengthy delay while the court waited for a report which the defence said called the cause of death proposed by the prosecution into question.
The court heard medical records showed the infant had suffered significant injuries to the head, including a skull fracture. However, the exact cause of death and when the baby acquired the injuries was disputed.
Police alleged Mr Callaway assaulted the infant while he was babysitting her and these injuries caused the baby to go into cardiac arrest.
On Thursday, March 21, prosecutors applied for an eight-week adjournment to consider the new evidence in the report that was "significant" for the defence.
When the matter came before the court again on Thursday, May 16, a further four-week adjournment was granted so prosecutors could consult a panel of four experts about the material.
The matter ended in less than a minute on the final court date, with the prosecutor simply standing and saying: "The single charge is withdrawn."
Mr Callaway has no further matters before the court.
Allison Hore
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