NZ Herald Visual Journalist George Heard speaks to Ryan Bridge on Herald NOW with his latest findings on the Tom Phillips case. Video / Herald NOW
Tom Phillips’ children should not be made to feel responsible for identifying their father’s accomplices, a law expert says.
Prime Minister Christopher Luxon also said today he expects an inquiry into the handling of the case by government agencies.
Phillips was on the run with his three children fornearly four years, vanishing into the King Country bush.
They lived in makeshift campsites while Phillips successfully evaded capture - and police are certain he had outside assistance.
Mark Henaghan spoke to Herald NOW’s Ryan Bridge this morning about his fears for the children’s wellbeing as the authorities attempt to identify his accomplices.
“I’m worried the children are going to be made to feel responsible for kind of identifying people who may well have helped them in good faith, and it’s not their responsibility.”
After the cordons lifted last week, key clues were left behind which revealed the reality of Tom Phillips’ final moments. Photo / George Heard
A professor at the University of Auckland, Henaghan is one of New Zealand’s leading experts on family law.
He believes the children should not be responsible for assisting in the investigation, citing the law’s emphasis on their welfare.
“I do feel they have to be protected very strongly, the Commissioner for Children said that, and their best interest is the key principle in law here, and their safety.”
He expressed concerns about the quality of children’s evidence, describing youth interviews as “a very risky business”.
The professor said the children should have lawyers present with them for questioning, warning that they could be made to relive their trauma if later called as witnesses in a future case.
“If the children are going to be asked questions, I think they have to have safety nets there with them, because they, like you and I, don’t have to answer questions.
“I just want to make sure that they are carefully counselled, carefully looked after so they know the consequences if they do talk about things like that.”
Henaghan also echoed calls for an inquiry into the lead-up to the family’s disappearance.
He questioned why the initial abduction had been allowed to “fade away”, even after Phillips was charged with an offence in relation to it.
“I really think it needs a strong emphasis on independent inquiry: why were things done the way they were at the beginning? What were the orders of the court? I mean, why was the father able to just disappear?”
Henaghan said the children’s interests need to be at the centre of things as they navigate an uncertain future.
“I just hope these children can get on with their life, they’re beautiful children, get on with their life and not make them feel responsible.”
Meanwhile, Luxon told RNZ this morning, “there’s a number of questions I think that need answered, and so it is my expectation there would be an inquiry as to how government agencies have acted over the last four-year period”.
He said questions needed to be asked about how police and Oranga Tamariki handled the case.
“An inquiry into how government agencies have acted, essentially. Exactly what form that needs to be, we’ll take advice.”
