Child’s horrific injuries move judge to tears

Man, 31, jailed for six years after boy left with afflictions that he ‘ will suffer forever’

Injuries sustained by a 5- year- old boy were so horrific a judge broke down in tears as she addressed court during the sentencing of the man that inflicted them.

The 5- year- old boy “will suffer forever” the judge told the courtroom, and has to wear a helmet every day because of the abuse he endured.

Troy Jackson, 31, was jailed for six years and two months at the Manukau District Court last month.

After Judge Soana Moala delivered the sentence, the boy’s new family erupted in rage that it wasn’t long enough and said he should be behind bars “for life”.

The judge said she knew how they felt but had to apply the law.

With tears in her eyes, the judge earlier said she couldn’t stomach detailing the boy’s injuries and the impact of Jackson’s offending on him.

Child advocate Cherie Kurarangi Sweeney said the sentence was unfair but said it wasn’t the judge’s fault — it was a fault of the law.

“There will never ever be enough of a jail sentence to bring this boy his life back — no sentence will be long enough or strong enough. Children’s rights should be held paramount above others.”

The Weekend Herald was granted access to the documents which the judge deemed “too harrowing” to detail.

In November 2015, the boy began living in Mangere with Jackson and his partner, who cannot be identified, with her 9- year- old daughter and his 2- year- old son.

A month later, the boy was admitted to Middlemore Hospital with a hip dislocation which was apparently caused by a metal gate falling on him.

Police and social workers investigated but the incident was treated as an accident.

On August 10 last year, the boy was beaten, punched, smacked and whipped with a belt so badly he collapsed and began to fit.

An ambulance was eventually called at least an hour later and a paramedic remarked: “You had beaten this kid half to death.”

The boy was critically unwell and unresponsive and his “obvious” injuries included bruising to his back, hip and head. They’d “not been caused accidentally”.

Jackson told police the injuries had been caused by his partner’s daughter.

The girl was interviewed by a specialist child witness interviewer and initially said she caused all the boy’s injuries because he’d thrown a dinosaur toy at her. She later admitted it was Jackson.

The boy told a specialist about regular “hidings” when he was punched and kicked by Jackson.

His blood was found in four rooms of the house.

Jackson later said the boy had misbehaved so he’d slapped him on the hand, kicked his bottom, struck him several times on the chest with the back of his hand and whipped him twice with a belt.

After those assaults, Jackson said he’d made the boy “run around the room, during which time [ he] fell over, banged his head and then began fitting”.

He also admitted hitting the boy on the bottom with a belt and smacking him.

Jackson pleaded guilty after being formally charged with causing grievous bodily harm and two counts of neglect.

After the attack, the boy spent two weeks in hospital with a lifethreatening brain bleed.

A piece of his skull is missing and with only skin to protect his brain, he needs to wear a specialist helmet.

He’s visited by a nurse daily and has to wait six months for reconstructive surgery.

In the meantime, his activities are controlled in case he gets hurt again.

But the harm he suffered i sn’t limited to his physical injuries, which included fractures to his spine, arm and foot, five ribs, and four fingers.

He can’t attend primary school until he’s 6 because his brain injury has affected his attention span.

His new caregivers, who Judge Moala said were loving, described how the boy hid when he felt in trouble, and cried when told off. He needed cuddling, but was mistrusting.

“He is extremely fortunate to be alive and extremely fortunate that he has now got a loving family that are attempting to take care of him,” Judge Moala said.

“He is at serious risk of injuring himself because of what you have done to him and he will suffer forever because of what you’ve done to him.”

The judge said Jackson’s lawyer, Sarah Mandeno, had done “everything possible to paint [ Jackson] in a good light” and asked she take into account his “genuine remorse”.