Disturbing details emerge about allegations against X-Factor star accused of murdering little girl he was babysitting – and the shocking comment he allegedly made about the baby

An X Factor star is accused of beating to death or suffocating a nine-month-old girl he was babysitting and describing the child as a “spoiled brat”, a court has heard.

Mitchell Callaway, 37, was granted bail in the Supreme Court on $600,000 bail on Tuesday after being charged with the little girl's murder. It was his last bid for freedom after an earlier application to Coffs Harbor Local Court was rejected.

Callaway, 37, appeared via videolink dressed in prison greens and appeared despondent during the hearing as he stared at his hands – occasionally gasping from an asthma flare.

The court heard police allege Callaway fatally assaulted the little girl while babysitting her at a Binnaway home, in Central West NSW, on July 23, 2018.

The Crown will allege she suffered blunt force trauma to her head, bruising to her scalp and genital injuries.

Police will allege that Callaway was caring for the girl at the time of her death and the day before – the time frame in which experts believe the injuries were sustained.

Callaway also allegedly admitted to the girl's mother in November 2018 that he “did not intend to hurt her” and has a history of “spontaneous aggression.”

The court heard the baby's mother had previously made AVOs against Callaway.

Prosecutors will argue that jealousy was a possible motive. “He…was going to call her [the baby] derogatory names like 'spoiled brat,'” Attorney General Kim Gourlie said.

When Mrs. Gourlie made that comment, Callaway could be seen shaking his head in annoyance.

However, the defense will argue that other medical experts dispute that the injuries directly caused the cardiac arrest.

They will claim that post-mortem examinations showed that despite the skull fracture, the girl's brain had not suffered any traumatic injuries.

Callaway's lawyer Nicholas Broadbent noted that an expert pathologist had found that the skull fracture could have been inflicted in the time shortly before her death or up to a week earlier, and that the other injuries had been caused during later attempts to resuscitate her.

Mr Broadbent also argued that Callaway's alleged confession, which took place during a car crash involving Callaway in November 2018, was 'ambiguous' and that there was 'disagreement about what was said'.

The court heard new evidence leading to the singer's arrest on June 8 at a house in Bowraville, on the NSW Mid North Coast, and included expert testimony on how the little girl's injuries could be linked to her dead.

The expert's new testimony came to light during a coronial inquest into the little girl's death, which was heard between December 2022 and April 2023.

Callaway's lawyer told the court that a new expert has since provided further evidence undermining whether the head injury caused her death.

Judge Stephen Campbell admitted the medical evidence was “highly disputed” within the scientific community, but rejected the defense's argument that meant the Crown's case was weak.

“I think the circumstances are such that it is a respectable case and the murder charge is justified,” he said.

“The evidence indicates injury to the infant consistent with the infliction of blunt force trauma, whether accidental or intentional.

'Given the death of [the little girl] while in [his] sole custody and proof of the infliction of the trauma, the applicant is a natural person who has an interest in the manner and cause of the [her] dead.'

However, Judge Campbell noted it would take until 2025 for the case to go to trial and it was not certain he would be convicted.

When he announced bail would be granted, Callaway cheered “yes” and began sobbing – but was immediately told he was making noise in the courtroom.

'Please be quiet! A solemn judicial process is appropriate,” Judge Campbell said.

Under his bail conditions, Callaway must live at his parents' home in Bowraville, report to police daily, surrender his expired passport and adhere to a curfew from 7.30pm to 6am.

He must also comply with any AVOs, must not contact witnesses, must not consume alcohol or drugs, must not enter premises where alcohol is sold and must not be within 500 meters of an international departure point.

Paramedics were called to the property on July 23, 2018, after the little girl's caregiver reportedly returned to find her unconscious.

The baby was rushed to hospital but despite their efforts, she later died.

After receiving new information, officers investigating the baby's death executed a search warrant at a home in Binnaway, in the state's central west, on May 31.

After further investigation, detectives working under Strike Force King arrested Callaway a week later and charged Callaway with murder, ending a five-year police investigation.

Footage of the arrest shows the former X-Factor contestant being led out of the house in handcuffs while surrounded by several detectives.

At the time of Callaway's arrest, the baby's mother shared a heartbreaking tribute to her little girl.

“She is the reason I kept fighting, living and making it this far,” the mother said in a statement.

“Not a day goes by that I don't miss you and wish you were here. This won't bring you back, but it will bring you some peace and the justice you deserve. Forever my little girl.

“Mommy loves you.”

Callaway was a contestant on season three of the TV show X-Factor Australia in 2011, placing 7th in the competition.

The former singer was booted in week six after failing to outperform fellow contestant Johnny Ruffo, who came third in the competition and subsequently signed a recording contract with Sony Music Australia.

Callaway auditioned for the show with the song Tonight I Wanna Cry by Keith Urban.