Ms Martyn, who was Daniel’s babysitter when he went missing, was subpoened last week to attend Wangaratta Coroner’s Court yesterday.

She did not appear and her legal counsel, Peter Chadwick, said outside court he had applied to the court that she not be forced to give evidence.

Coroner Jacinta Heffey has yet to rule on his application.

Ms Martyn has been a focal point since the inquest began last week.

Earlier yesterday, a school friend, Katherine Johnson, told the court Ms Martyn, Donna Thomas and Daniel had visited her house about a month before he disappeared.

She said Daniel wouldn’t stray far from Ms Thomas.

She had thought he was “a usual shy two-year-old sticking close to his mum”.

Ms Johnson said she noticed Ms Martyn stare at Daniel “not in a friendly way” then said, “What the f--- are you looking at, you little black c---” and told him to sit down and watch television, which he quickly did.

“Donna was sitting there very very quiet, I think she probably feels a bit intimidated by Mandy herself and let her get away with these things,” Ms Johnson said.

She said the only thing she saw Ms Thomas do was give him a “flick” behind the ear when he tried to turn his head.

In cross-examination, Ms Johnson said she didn’t notice any bruises or other signs of injury to Daniel.