Accused toddler murderer Timothy Andrew Whiteley threatens to sue for being put in jail in Maitland Court

Timothy Andrew Whiteley being arrested on August 2.
Timothy Andrew Whiteley being arrested on August 2.

The man accused of murdering Tarro toddler Hayley Banister has threatened to sue for being put in jail, a Maitland court has heard.

Timothy Andrew Whiteley, 26, appeared in Maitland Local Court via audio visual link from prison on Wednesday.

Mr Whiteley did not enter a plea to a charge of murder in relation to the toddler’s death on June 19.

He also did not apply for bail and it was formally refused.

Police took extra precautions in regards to Mr Whiteley’s appearance, with uniformed police on scene and metal detectors used prior to entering the court.

The prosecution asked the matter be heard in Newcastle next time due to concerns about social media.

Mr Whiteley said he would sue $1500 for “hardship” each day he was in prison.

“I’m innocent,” he said. “It’s not fair.”

Magistrate John Chicken responded: “Mr Whiteley, you can take whatever action you think is appropriate”.

The matter was adjourned until October 3 at Newcastle Local Court.

When Magistrate Chicken told Mr Whiteley the matter would be heard then, Mr Whiteley responded: “so I’m going to miss my second youngest brother’s birthday?”

Mr Whiteley’s solicitor said he would be seeking private representation.