A mother has claimed her partner admitted to her he may have caused a fracture to their tragic baby’s leg.

Marina Smyth said Michael Osborne made the confession nearly seven months after three-week-old Bailey died from pneumonia and sepsis.

A jury has heard that after his death, he was found to have a fracture to his left leg that could have been caused by twisting or yanking and bruising to his head and penis.

Smyth, 21, and Osborne, 22, both deny causing or allowing physical harm to Bailey at their flat in Walters Farm Road, Tonbridge, between November 16 and December 6, 2016.

Giving evidence on Monday, Smyth said she was in a poor emotional state on June 30 last year when Osborne declared he had something to tell her.

“I questioned him what it was,” she told Maidstone Crown Court. “He then said he thought he caused the fracture to baby’s leg. He went on to explain when it would have been – December 3.

Asked if he explained what he might have been doing at the time, she said: “Yes, changing him. It would have been changing him when doing the night feed.

“He said how it happened. He said he was changing the baby’s nappy and lifted both legs up too high and as he went to place the nappy underneath he also twists his ankle.

“He kept repeating saying it was an accident. He said the same night he was having problems settling Bailey and also pinched his willy.”

Asked how she felt when he said it, Smyth replied: “Devastated because seeing the way Michael he was there was no indication he had done anything.”

"He said he was changing the baby’s nappy and lifted both legs up too high and as he went to place the nappy underneath he also twists his ankle..." - Marina Smyth

Smyth said Osborne indicated he was telling her to help her get some rest.

Her QC Richard Barraclough asked Smyth if he said why he had not told her from the beginning.

“He said it was because he was scared,” she said. “He didn’t specify. I made him aware it was not something I could keep to myself.”

Smyth said she phoned her mum in the early hours but did not tell her what Osborne had said because he was sitting next to her.

Asked how they were with each other later that morning, she said: “It was very tense. It was going through my mind that I couldn’t believe he hadn’t owned up to this.”

She told her grandfather and mother but did not take any action immediately. She tried to contact her solicitor on July 3.

“I was trying to encourage Michael to do the right thing and tell the police what he told me,” she continued.

“He was saying it was an accident. All he said was he was not ready yet.

“He did make a remark about only if the CPS charge us both. It wasn’t something I agreed with. I made him aware of my intentions of reporting it myself. I intended to go to the police station and report it.”

But Smyth said when she did go to the police station it was to tell them Osborne had thrown some keys at her arm.

“He kept getting up in my face, telling me it was an accident,” she said. “He kept saying I was ruining his life. I asked for the officer who was dealing with this. He wasn’t available.

“Michael was waiting outside. When we got back indoors he kept kicking the door and thumping the walls. He phoned his mum and then his dad.

“He explained to his mum what he had told me. She said: ‘How do you know it was you though Michael?’”

“He kept getting up in my face, telling me it was an accident...” - Marina Smyth

Smyth said Osborne rang his dad back and she recorded it on her phone without him knowing.

“He was discussing the injuries,” she said. “He was waving his arms around and seemed quite upset.”

She went out and phoned the police about her arm injury. Officers arrived and arrested him.

In the phone call to his father, played to the jury, Osborne said:”One night I woke up to him for his feed and changed his bum. After I changed him, I don’t know, I just got a little bit frustrated because I got tired of that.”

His father said: “I don’t believe you done that at all. I really don’t know.”

Osborne said: “I really don’t know either - unless I caused it by accident when I was changing his bum. I didn’t pinch his willy. Maybe I caught it.”

Smyth said she left the flat because Osborne was punching the walls and she was scared. She contacted the police the next day.

Asked why she waited until then, she said: “I thought I would give Michael the opportunity to tell the truth himself and tell them exactly what he had told me.”

Smyth denied suggestions by Osborne’s QC Oliver Saxby that she was responsible for the injuries.

The trial continues.