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Home / New Zealand

CYF admits failings in 'wretched' case

By CYF admits failings in 'wretched' case
16 Nov, 2006 05:32 AM3 mins to read

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KEY POINTS:

A wretched tale of violence, degradation and humiliation was read before the Hamilton District Court yesterday in another child-abuse case that has the Child Youth and Family Service admitting it got things wrong.

In late August, Shandi Barlow, 42, of Manakau, admitted to a horrific litany of abuse against her nephew, Etekia Maara Araia, between April 2003 and January 2004. She was sentenced yesterday.

The court heard that Barlow beat her nephew's hands and feet with a stick; bashed him on the head with a ceramic bowl so hard that the bowl broke; and forced him to drink his own blood, vomit and urine after one beating.

The boy, now aged 18, was in Barlow's care at the time, aged 14 to 15.

The members of household in which the abuse took place numbered 14, including six of Barlow's own children and several other relatives, the court heard. But only the boy was subjected to Barlow's callous and calculated cruelty. When visitors came he was hidden from view.

Child Youth and Family deputy chief executive Ray Smith said the case was a painful illustration of the dark side of child abuse in New Zealand.

He said that after reviewing the case it became clear the department had not done all in its power to protect the boy's basic human right to safety.

"It is clear that there were failures in CYF's handling of this case. We own that. We have learned from it."

Although apologies from senior managers had been made to the victim, it was acknowledged that it was "not sufficient to apologise."

At the time, front-line social workers were under-resourced, under-supported and given unmanageable caseloads, Mr Smith said. Improved guidelines for managing workloads had been implemented.

During sentencing, Crown Prosecutor Rebecca Mann appealed to Judge Phil Connell to impose a sentence of three to four years for the violence and injuries caused. A cumulative sentence of two years should also be imposed for Barlow's "flagrant" and "brazen" attempts to pervert the course of justice.

The judge later revealed that while on bail Barlow ignored her conditions and approached her victim. She asked him to refuse to give evidence against her, in return for $1000 and for ownership of a car that was subsequently repossessed.

She did not admit to the abuse until the second day of a jury trial, after compelling evidence was given against her by her victim, a doctor and a family member.

Barlow's counsel, James Faleauto, said his client had been under stress when the beatings took place. He suggested Barlow was provoked was by the boy's anti-social tendencies towards women, and that some form of sexual crime against Barlow's daughter had taken place.

The judge later said Barlow, who had been army trained, was intelligent enough to have gone to the police or CYFS if that were true. He placed little credence on the claim because the attacks took place over 10 months.

He said the victim still bore physical, emotional and psychological scars.

"He has shown an extraordinary capacity to forgive you, best expressed in his wish that you not be imprisoned. He says he still loves you as his aunt, and by that you must accept he is a better human being than you."

When a three-year, nine-month jail term was handed down, some of Barlow's adult children sobbed and others told her to "stay strong".

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