ChatGPT Conversation Logs to Feature as Key Evidence in Perth Baby Murder Trial
A Western Australian woman accused of killing her eight-month-old daughter is seeking a judge-only trial, with court told that a large volume of ChatGPT chat records will form a central part of the prosecution's case.
Key points
- Alanah Gail Smithwick, 29, faces a murder charge over the death of her eight-month-old daughter Eden Everley-Jane in Baldivis, Western Australia, on 30 October 2024.
- Smithwick pleaded not guilty by reason of insanity after a psychiatrist issued a preliminary finding that she was acutely unwell at the time.
- Her legal team told the Supreme Court of WA that "a series of ChatGPT logs that are voluminous in nature" will make up a substantial part of the trial evidence.
- A finalised psychiatric report is due to be filed by both parties at the next court date on 17 August 2025.
- Smithwick is currently held at Bandyup Women's Prison and appeared at Monday's hearing by video link.
A Perth woman charged with murdering her infant daughter is expected to stand trial next year, with the court hearing that records from ChatGPT, the artificial-intelligence chat service made by OpenAI, will play a major role in the proceedings.
Alanah Gail Smithwick, 29, was arrested in late October 2024 after eight-month-old Eden Everley-Jane was found dead at a property on Winpara Way in Baldivis, a suburb south of Perth. Neighbours told local media they heard screaming moments before paramedics arrived. Smithwick was taken first to Rockingham Hospital and then transferred to Fiona Stanley Hospital in a stable condition.
What is she accused of, and how has she pleaded?
Smithwick faces a single charge of murder. She has pleaded not guilty by reason of insanity, a legal defence that argues a person was so severely mentally ill at the time of an act that they cannot be held criminally responsible for it. A psychiatrist's preliminary report found she was acutely unwell, according to court documents reported by The Age.
A finalised psychiatric report is expected from both the defence and prosecution by the next Supreme Court hearing, set for 17 August 2025.
Why does ChatGPT feature in a murder trial?
The court was told that Smithwick's conversations with ChatGPT, recorded as chat logs, are "voluminous in nature" and will make up a substantial portion of the evidence presented at trial. Courts can treat digital records, including AI chat transcripts, as evidence in the same way they treat text messages or emails, provided they can be authenticated.
What the logs contain, and whether they support the prosecution or the defence's insanity argument, has not yet been disclosed in open court.
What happens next?
Smithwick's legal team has flagged an application for a judge-alone trial, meaning the case would be decided by a judge sitting without a jury. Such applications are common in complex cases, particularly where a mental-health defence is central, because the legal questions can be highly technical.
The Supreme Court of WA will hear the case again on 17 August 2025, when the psychiatric reports are due. A trial date is expected to be set after that.
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