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Home / Kahu

Why did Moko die? Coroner to probe unanswered questions

Jared Savage
By Jared Savage
Investigative Journalist·NZ Herald·
29 Aug, 2017 06:30 AM6 mins to read

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This afternoon on NZ Herald Focus we take a look at the Justice for Moko rallies held at courthouses around the country today for the sentencing of his killers and Pope Francis has suggested an apology is needed from the Catholic Church to marginalized groups.
Two years after Moko died at the hands of his caregivers, a Coroner will ask the hard questions about why he died - and what can be done to save other children

What's happened to Moko?

Moko Sayviah Rangitoheriri died on the 10 August 2015 after suffering severe beatings by his caregivers. He was just 3.

Tania Shailer and David Haerewa inflicted horrific injuries over a two-month period. The couple were jailed in June 2016 for 17 years with a minimum non-parole period of nine years after pleading guilty to manslaughter.

They appealed their sentences, saying they were too harsh. But the Court of Appeal rejected the bid and said the pair should count themselves "fortunate" they were not jailed for life.

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If the killers are in jail, why is there an inquest?

Tania Shailer and David Haerewa were sentenced to 17 years in prison. Photo/Ben Fraser.
Tania Shailer and David Haerewa were sentenced to 17 years in prison. Photo/Ben Fraser.

The prolonged brutality of Moko's suffering prompted marches around the country and drew comparisons with another shocking child death; the murder of Nia Glassie in August 2007.

In announcing the decision last year to hold an inquest into Moko's death, Coroner Wallace Bain drew specific parallels to Nia.

He said there were a number of clear recommendations in his Glassie inquest findings to ensure "tragic deaths such as hers, and now Moko's, did not occur in the future".

The announcement ended with a warning.

"The inquest into the death of Moko will also specifically look at what steps, if any, have been taken by those identified as having some responsibility in keeping children safe, and if those steps are adequate."

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Some of the questions the Coroner is expected to ask include:

Why was Moko with caregivers and what checks were made on them?

Nicola Dally-Paki, left, and her lawyer, Arama Ngapo-Liscombe, leaving the Court of Appeal in Wellington. Photo/Mark Mitchell.
Nicola Dally-Paki, left, and her lawyer, Arama Ngapo-Liscombe, leaving the Court of Appeal in Wellington. Photo/Mark Mitchell.

Moko's mother Nicola Dally-Paki had left her husband, Karauna Rangitoheriri, a Black Power gang member who was often incredibly violent towards her.

One of Moko's siblings was in Starship children's hospital with a serious infection and so Dally-Paki and her children were essentially homeless.

Her application for a room at Ronald McDonald House was rejected due to an administrative error.

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On June 12, 2015, she placed Moko and his older sister in the care of Tania Shailer, a friend, who lived in Taupo with her partner David Haerewa.

Shailer also suffered physical violence at the hands of Haerewa.

She was suffering from depression and schizophrenia, as well as caring for her own four children aged between 2 and 7.

Child Youth & Family (now the Ministry for Vulnerable Children, Oranga Tamariki) was aware Moko was with Shailer - but unaware Haerewa, recently released from prison for burglary, was in the house.

CYF made no checks on the suitability of the caregivers and only became involved when Shailer contacted them to raise concerns about Dally-Paki on 30 July 2015.

However, friends, social service workers and doctors became aware of Shailer's unravelling mental health and was struggling to cope.

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Moko stayed with the couple for 59 days until his death on August 10, 2015.

What checks were made on Moko? Was anyone aware of the assaults?

No checks were made on Moko by CYF when he was in the care of Shailer and Haerewa.

However, evidence will be given at the inquest about social service providers and counsellors being aware of Shailer's mental health - but unaware she was caring for Moko and his sister.

A key witness will be a social worker from the Maori Women's Refuge.

She previously denied an allegation Moko's sister told her that Shailer was abusing Moko around July 1, 2015, but that she did not follow this up.

"There were no signs, or alarming signs, that Moko was being abused," the worker told Native Affairs last year.

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"If I could have helped Moko I would have in a heartbeat. I would have picked him up and taken him home."

On July 29, 2015, Shailer and the worker visited the CYF office in Taupo together.

A senior social worker noted Shailer gave the impression she was not coping.

Shailer also expressed concerns about Moko returning to Dally-Paki's care.

No one went to the house to check on the children.

Had Moko, his parents or the caregivers come to the attention of agencies?

Moko's father Karauna Rangitoheriri. Photo/Stephen Parker.
Moko's father Karauna Rangitoheriri. Photo/Stephen Parker.

In response to media questions last year, CYF consistently maintained there were never any "critical concerns" about Moko.

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However, there were a number of notifications to CYF about Moko's siblings and the violence suffered by Dally-Paki was known among a number of agencies and social services.

The abusive relationship between Dally-Paki and Karauna Rangitoheriri - currently in prison for firearms charges, arising out of leaving Black Power - and the effect on the family home will be central to the inquest.

Coroner Bain is also likely to hone in on "monitoring" - or the lack of it - for children at risk.

Perhaps the most controversial recommendation of Bain following the Glassie inquest was the compulsory monitoring of children up until the age of 5.

Once at school, teachers and other staff can raise concerns about a child. But until then, Bain said, there was no guaranteed check on their welfare.

Plunket nurses, as part of the Well Child services provided by the Ministry of Health, do visit homes and have identified safety concerns in pre-school age children.

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"The problem is that [Plunket] is voluntary and the obvious outcome is the risk that the very children in need will be the children of parents who choose not to [take part]," wrote Bain.

"We must urgently return to the 'good old days' where every child was seen regularly by the Plunket nurse."

So what happens now?

Coroner Wallace Bain will ask the hard questions during the inquest.Photo/Getty.
Coroner Wallace Bain will ask the hard questions during the inquest.Photo/Getty.

The inquest will begin at the Rotorua District Court tomorrow. This is two years after Moko died and 10 years since Nia died.

The first part of the hearing is set down for three days and witnesses will give evidence to establish a factual timeline of what did - or didn't - happen.

These witnesses are likely to include Detective Inspector Lew Warner, of the Rotorua police, social workers and management from CYF and the Ministry of Social Development, the Maori Women's Refuge and others who came into contact with the family.

Nicola Dally-Paki is also expected to give evidence.

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The inquest will be adjourned until later in the year, when a second group of witnesses will give their expert opinion on the established facts.

This analysis will help the Coroner form his official findings.

"The Nia Glassie inquest highlighted the child abuse problem in New Zealand and the issue of children living in poverty," Coroner Bain wrote in last year announcing the inquest.

"Sadly the horrific abuse that a child such as Nia Glassie suffered appears on the face of it to have been accentuated in a worse way in the tragic death of little Moko, eight years later."

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