KEY POINTS:
Lack of evidence makes it unlikely anyone will be charged with inflicting painful injuries on an 18-month-old boy - even though his parents have admitted wilfully neglecting him.
Rosie Felise, 32, and Melagi Vela, 29, failed to take their son to hospital even though doctors say he
would have been in "excruciating" pain and unable to walk.
When he was eventually seen by doctors on July 23, 2007, they discovered he had a fractured right arm and broken left femur. The injuries were thought to be at least 10 days old.
Police charged the couple with wilful neglect because their failure to treat him caused him "unnecessary suffering and pain" for an extended period.
Doctors said the injury would have been blatantly obvious because of the swelling and obvious discomfort the child would have been in.
Detective Sergeant Megan Goldie, head of the Waitakere child abuse team, told the Herald there was not enough evidence to prosecute anyone for causing the actual injury. Police had done as much as they could without any new evidence.
The Herald is aware of several cases where police have not been able to lay more serious charges against people who abuse children because of a lack of evidence.
"If there was any fresh information then we would lay charges ... but someone will need to come forward," Ms Goldie said.
It was a frustrating situation for police, but silence from adults - particularly from family members - was common in cases involving young children, she said.
"The reason is no one is willing to say what actually happened."
Neither Felise nor Vela could explain how the boy was injured.
"It happens time and time again. The kids can't actually pinpoint what caused the actual injury," said Ms Goldie.
Felise told police she had noticed the boy was limping and had swelling about his thigh. She said she thought that was from a muscular injury and claimed he displayed no signs of being in extreme pain. Vela did not offer any explanation.
In an interview with the Herald before her first court appearance in 2007, Felise said she had never laid a hand on her son and desperately wanted him back.
She blamed the injuries on his 2 and 3 year-old brothers who she said often played rough.
"He never cried to show me he had broken bones."
The couple had only regained custody of the child and his siblings in the months leading up to when the boy was injured.
They were forced to complete a series of courses after he was hospitalised another time with broken bones. A family member was charged in relation to those injuries.
Felise told the Herald the couple had never hurt their kids."To be honest we have not abused our kids. I wouldn't want to do such a thing when I just got my kids back. That's the last thing on my mind. I don't want to lose them again."
The boy, now aged 3, is living with a Child Youth and Family caregiver. He has not been permanently placed yet and Ms Goldie said he was exhibiting behavioural problems and was "anti-social". His siblings are in the care of CYF and extended family members.
Felise and Vela will be sentenced in the Auckland District Court next month.
