A cousin of murdered 5-year-old Malachi Subecz says she was “terrified” when he was handed over to the woman who would eventually kill him.
Megan Cotter said she made numerous attempts to alert child protection authorities and other parties involved in his care to Malachi’s unsafe living situation. At one point, she made 10 attempts in the space of three days to raise the alarm.
“My concerns were real and unfortunately they were proven to be correct,” she told a coronial inquiry in Auckland today.
Malachi’s sole parent, his mother, Jasmine Cotter, was jailed in June 2021 for importing drugs and signed over guardianship of the boy to a friend in Tauranga, Michaela Barriball.
This surprised Malachi’s biological family, who had expected to take care of him while his mother was serving her three-year sentence.
Barriball went on to murder Malachi in November 2021 and was sentenced to life in prison.
Megan Cotter today spoke of her repeated, desperate attempts to raise the alarm about Malachi’s situation.
After discovering that Barriball had taken over care of Malachi in June 2021, she made a complaint at her local police station.
She was referred to Oranga Tamariki, where she made a report of concern.
Megan Cotter said Barriball had no children of her own and was “making a show” of being a capable parent.
“Malachi should have been with family, not strangers,” she said.
One of her other concerns was a potential conflict of interest: Barriball’s mother was the co-accused in Jasmine Cotter’s drug case. Jasmine Cotter was going to be a witness for the prosecution, and Malachi could be used as leverage against her, Megan Cotter said.
She called Jasmine Cotter in prison to tell her she was “terrified for Malachi’s safety”. She said there could be a “hit” on her son if Jasmine Cotter spoke against her co-accused in court.
Oranga Tamariki closed the report of concern because Jasmine Cotter confirmed to the organisation that she was happy for Barriball to be caring for Malachi.
Jasmine Cotter told the court yesterday this was based on the mistaken belief that Oranga Tamariki had visited Barriball and Malachi at the Te Puna property where they were living.
Megan Cotter later sent a photo she had acquired of Malachi with what appeared to be a black eye to Oranga Tamariki, but was later told no further action would be taken. She accused the child protection agency of “just ticking boxes”.
When he stayed with her in Wellington for an eye operation, she checked him over but found no significant injuries.
She continued to push for an intervention and began legal action to seek custody of Malachi. However, hearings to determine custody were delayed - partly because of claims by Barriball that she was stuck in Covid-19 lockdown in Hamilton, which were later found to be false.
On November 2, 2021, Oranga Tamariki called Megan Cotter to tell her Malachi was in Starship Hospital with severe injuries. It was one of the most devastating experiences of her life, she said. She told the court she immediately knew what had happened.
Malachi’s life support was switched off 10 days later.
Under questioning, Megan Cotter confirmed she made 10 reports of concern in the three days after Jasmine Cotter was jailed.
She continued to raise the alarm over the following months, speaking to the courts, lawyers, police, Barriball herself, Jasmine Cotter and Oranga Tamariki. She also contacted Malachi’s daycare to ask staff to keep an eye on him.
Counsel assisting the coroner, Vivienne Crawshaw KC, thanked Megan Cotter for her “enormous” attempts to protect Malachi.
“There are few of us in the courtroom who can think of anything further you could have done,” she said.
Isaac Davison is a senior reporter who covers Auckland issues. He joined theHeraldin 2008 and has previously covered the environment, politics, social issues, and healthcare.
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