By Lisa Dowd, Midlands Correspondent
A mother's defence barrister has told a court his client is guilty of "permitting the death of her own child" but not guilty of his murder.
Daniel Pelka, four, was allegedly beaten to death after a "campaign of incomprehensible cruelty" which included him being starved for months.
Daniel's mother Magdelena Luczak and stepfather Mariusz Krezolek deny the child's murder and causing or allowing his death.
But, Stephen Linehan QC, in his closing speech to the jury said: "My submission to you is she (Luczak) is guilty of the dreadful crime on the third count of the indictment, permitting the death of her own child, but she is not guilty of his murder".
Mr Linehan admitted at Birmingham Crown Court that Luczak was guilty of an "appalling, wicked and criminal failure to protect him (Daniel)" and she had "put her relationship with Mariusz Krezolek ahead of Daniel", but, he said, she "did not kill him".
Mr Linehan claimed that it was Krezolek who had broken Daniel's arm in January 2011, a year before his death in Coventry in March 2012, and that Luczak had done nothing to help her son because she herself was being "abused".
The barrister said that Daniel had been a chubby boy, but in the last 26 weeks of his life that changed.
He said "someone" had "intervened" and "that someone" was Mariusz Krezolek, who "did not like" Daniel.
Accused: Daniel's mother Magdelena Luczak and stepfather Mariusz Krezolek Mr Linehan said by the time of Daniel's death, Luczak was an "oppressed" woman. He reminded jurors of the evidence of Daniel's sibling who said Krezolek "hurt" Luczak "loads of times".
He also said Luczak was not the "instigator" of her son's punishments, which included force-feeding Daniel salt, as Krezolek had claimed.
The court had previously heard that Daniel had been stealing food from school because he was not being fed properly at home.
Mr Linehan reminded the jury that Luczak, who was "supposed to have deprived him (Daniel) of food, sent him into school with sweets".
He said Luczak had "lied and lied" in police custody to protect herself and Krezolek. But, he said, at the time of Daniel's death, she was "oppressed" by her partner.
Mr Linehan conceded it will be Luczak's "eternal shame" that she did not stop the abuse of her son "but she did not join in the campaign of cruelty as the prosecution allege".
The trial was adjourned and continues on Friday.
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