The authorities discovered a babysitter was running an illegal childcare operation seven weeks before she is alleged to have broken an infant's leg.

Environmental Health Officer Mervyn Douglas told Supreme Court yesterday that Betty Jean Steede had five children in her care on September 8, 2006, when the law only permitted three.

She was warned about this, and her home-based operation continued until October 30 when — according to prosecutors — five-month-old L'Naiye suffered a broken leg at her hands.

A social worker has previously told her trial how she and a Police officer visited the babysitter later that day and found an illegally high number of children on the premises.

Steede, 50, denies causing L'Naiye grievous bodily harm.

The trial has heard how L'Naiye's mother, Laneh Simmons, left him at Steede's home in Swan's Bay Hill, Pembroke, on the morning of October 30, 2006. She and members of her family claimed in evidence that L'Naiye was in good health prior to this.

The babysitter called Ms Simmons later that morning to say the child would not stop crying, and Ms Simmons discovered the injury when she went to pick him up.

Earlier this week, the jury heard a taped interview in which Steede told Police officers she accidentally hurt the baby when she was pulling off his all-in-one outfit, but was too scared to tell his mother.

L'Naiye spent three days in hospital being treated for a fracture to his thigh. According to evidence from expert medics, this would have taken considerable force to inflict and was deemed to be a fresh injury.

Social worker Samantha Branch told how her visit to Steede's home on the day the injury was reported raised serious concerns. These included the discovery of another baby lying face down and unattended and six infants on the premises instead of the permitted three.

In evidence yesterday, Mr. Douglas said after being alerted to L'Naiye's injury, he went to Steede's home the day after the alleged incident. He told the court the first thing she said to him — before he had got out of his car — was "it didn't happen here".

On that day, said Mr. Douglas, Steede had seven children in her care. He told her she must seek permission to look after more than three.

Steede duly wrote on September 12, asking to be allowed to have five children. Mr. Douglas agreed with defence lawyer Victoria Pearman that Steede claimed in this letter that she did not know before that she had to seek permission.

Mr. Douglas indicated the increased number would be "OK" in a handwritten annotation to this letter. He explained to the jury this would be on the basis of her obtaining extra help with the children and passing a full inspection.

Mr. Douglas confirmed he did not close down Steede's operation when he visited the day after L'Naiye's injury was discovered.

A letter was later written telling her that, due to the Police investigation into L'Naiye's injury, she must reduce the number of children to three. Mr. Douglas added that after the investigation went further, he asked Steede to cease the operation altogether.

The case continues.