James given no chance to reach his birthday

By FIONA BARBER

Had James Whakaruru survived beatings by his mother's partner, he would have turned 6 yesterday.

Instead, the results of an investigation into the death of the Havelock North pre-schooler were being finalised.

The resulting report, by the office of the Commissioner for Children, is due to be released on June 25.

The commissioner, Roger McClay, had wanted the document made public yesterday, on James' birthday.

But after administrative delays and advice from Maori that releasing the report on James' birthday would be inappropriate and offensive to some, Mr McClay has postponed the release.

"I bow willingly to that advice," he said. "I am also wanting very much to consult with whanau of little James.

"They have the right to hear first of the findings of this office."

Yesterday, the chairman of the local Ngati Kahungunu iwi, Ngahiwi Tomoana, said the family had the right to be consulted and involved so they could heal.

"They've been spectators in the whole thing - they carry the heaviest burden," said Mr Tomoana, who has been working with the family, preparing members for the findings.

"The first thing they know about anything is when they read about it in the paper."

Mr McClay, who describes the report as probably the most significant from his office to date, has indicated that some Government departments will get a "flea in the ear."

James was punched, kicked and beaten with a steel vacuum-cleaner pipe and a jug cord by his mother's partner, Benny Haerewa, on April 4, 1999.

The 4-year-old had refused to call Haerewa "Daddy."

Both his mother, Te Rangi Whakaruru, and Haerewa had often disciplined James with physical punishment.

Haerewa, 21 at the time of James' death, was sentenced to 12 years in jail after pleading guilty to manslaughter.

Last month, Mr McClay said he had ordered the investigation because he could not abide the fact that Haerewa's attack on James had not been the first.

"It was investigated at my own volition because I couldn't stomach the thought that a young man, Benny Haerewa, went to prison in 1996 for so severely beating a 2-year-old and then came out of prison after two years and beat the same boy to death before he could go to school at 5."

Mr McClay said he regretted the time it had taken to compile the report.

Extensive consultation with agencies and Government ministers meant that the final drafting and printing had yet to take place.

"We want the Office of the Commissioner for Children to do justice to the life and memory of a brave little New Zealander, so have taken the time to do the best possible job."