Prosecutor Ffyona Livingstone Clark said it’s alleged the drugs had belonged to Christoforou, as it was revealed in court that he had been investigated in relation to the earlier death of another young child.
A decision not to charge him in relation to the death was made earlier this year.
Christoforou was a drug user but the court was told on Wednesday the mother of the injured child never knew him to have drugs in the house.
She found her son awake and behaving erratically one morning in April 2016, and after taking him to hospital it was revealed he had methamphetamine in his system.
Judge Mark Taft said he couldn’t make a decision on bail until prosecutors made clear exactly how they allege Christoforou was involved.
The child told a relative he had “lollies” before the incident and when asked where he got them he answered “James”.
Mr Barker said it wasn’t suggested Christoforou had given the child the drugs, and that they could have fallen out of his pocket.
The lawyer doubted Christoforou would have been charged if it was a prescription drug in the same scenario.
Judge Taft pointed to difficult legal and evidentiary issues with the case, which Ms Livingstone Clark acknowledged may need to be considered by the state’s most senior prosecutor, Kerri Judd QC.
Police opposed bail on Wednesday, alleging Christoforou knew the drugs would be found in the child’s system and tried to evade subsequent investigation.
Christoforou raised the earlier death during covert recordings and Ms Livingstone Clark said officers would look into both matters together.
But Mr Barker read text messages sent by Christoforou to the boy’s mother after the incident, asking if she needed him to come to hospital, and appearing shocked at the discovery of the drug in the boy’s system.
Christoforou was originally charged with intentionally injuring the child. Ms Livingstone Clark foreshadowed a possible further reduction to a charge of reckless endangerment.
Christoforou was interviewed over the incident in November 2017, charged in November 2018 and is due to face trial in May 2020.