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Home / New Zealand

Dad failed daughter in cruelty case

APNZ
7 Feb, 2012 06:42 AM4 mins to read

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A father who played X-box games as his 9-year-old daughter was "tortured'' by his partner, has been told his imprisonment must send a message to other parents.

The 33-year-old, whose name is suppressed to protect his daughter's identity, was today sentenced to three years in prison for allowing her to be assaulted, and for slapping, hitting and kneeing her over a nine-month period. He must serve a minimum non-parole period of two years.

During sentencing at Auckland District Court, Judge Brooke Gibson said he needed to send a message to parents who stood by while their children were abused.

"This child was entitled to look to you for protection and you failed her.''

The court was told how the girl and her brother were taken into Child Youth and Family custody in 2001 and returned to their parents seven years later.

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Judge Gibson said the abuse began almost immediately.

"It is an outrageous set of facts and one of the most serious child cruelty cases to come before the courts,'' Judge Gibson said.

In December the girl's mother was sentenced to seven and a half years in prison with a minimum non-parole period of five years.

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She is appealing against her minimum sentence.

She was convicted after a court heard she assaulted the girl with a machete and a hammer, kicked her in the crotch while wearing steel-capped workboots, tore off her toenail and poured salt and boiling water on the wound and wrote abusive words on the girl's body.

The girl was found by police in November 2010 hiding in a cupboard. She was starving, dehydrated and covered in injuries.

"What she needed was a loving environment. Instead she was subjected to horrific abuse,'' Judge Gibson said.

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Crown prosecutor Lorraine McDonald said there was evidence from other witnesses that the man was there during some of the beatings.

She said the man was also playing X-box games in one room while his partner beat the girl in another.

"Not only was he present but he was violent himself.''

Ms McDonald read part of a victim impact statement from the girl which she said summed up the case.

"I was really glad when police took me to hospital as I felt safe there. While in hospital, someone was there watching me the whole time. I would wake up and see that someone was sitting there watching over me. That made me feel safe and I could go back to sleep again.

"It feels good that mum and dad can't hurt me any more. I don't want to see them any more.''

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The man's lawyer Brenda Donald said there was little support from agencies for her client and his partner when the children were returned to them.

She also said the man tried to stop his partner beating the girl on some occasions and was not aware of the full extent of the abuse.

"He just simply wasn't there.''

Judge Gibson said he could not accept that argument because there was evidence the man was at the house.

"Over a long period of time - some nine months, the child had to put up with being assaulted and treated in a disgraceful way by your partner.''

He said there was also evidence a number of different agencies had been involved with the family and the girl could have been returned to Child Youth and Family if the parents could not cope.

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"It is clear that your daughter is unable to understand why she was tortured - and that is the appropriate word for it - by her parents while you stood idly by.''

The girl and her four siblings are now in foster care.

Child Youth and Family general manager operations Marama Edwards said considering what the children have been through, they are doing well.

"We are closely involved with them all and are ensuring they have the support they need. This has been a terrible ordeal for all the children and I hope today's sentencing provides some closure.''

The case caused a storm of controversy when the mother was sentenced, with the head of CYF admitting social workers failed the girl and that the case highlighted the need to improve practices.

Bernadine MacKenzie said in December that there was no doubt her organisation should have done a better job, citing failures by a social workers to visit and monitor the girl, to respond to concerns raised by her school and to work effectively with other agencies involved.

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Twenty-five agencies, including CYF, had been involved with the family because of concerns about neglect.

Social Development Minister Paula Bennett said the Government had learned lessons and was hopeful the recommendations in a ministerial report by former Ombudsman Mel Smith would improve the country's child abuse record.

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