Judge: Moko’s death preventable

Expert witness tells inquest agencies missed ‘red flags’ to investigate care of boy further

The Children’s Commissioner said Moko Rangitoheriri’s “abhorrent death” was preventable but agencies missed the “red flags” to investigate further.

Judge Andrew Becroft is giving evidence in the Rotorua District Court as an expert witness for the inquest of Moko Rangitoheriri.

Moko died after suffering severe beatings by his caregivers in August 2015. He was nearly 3.

Becroft, who was the principal Youth Court judge for 15 years, has been the Children’s Commissioner since the middle of 2016.

He noted the “extreme cruelty and deliberate relentless violence” which led to Moko’s death had many characteristics in common with the abuse suffered by Nia Glassie, who died in August 2007.

Becroft said there was a “dark side” to New Zealand and the country’s high rates of family violence, drug and alcohol abuse, child abuse and neglect, and youth suicide were intertwined. “All roads lead back to genuine socio-economic disadvantage,” the judge said.

Specifically referring to Moko, he said responsibility for the boy’s death lay with the adults who killed him — Tania Shailer and David Haerewa.

“However, on the evidence before this inquest, it is fair to say that considerable responsibility for missing or minimising the indicators of risk for Moko must lie with the agencies who were involved with the family.”

This was particularly true of the agencies working with Shailer, who was struggling with six children and deteriorating mental health. Judge Andrew Becroft says lessons must be learned from the death of Moko Rangitoheriri (right) and that training for frontline social workers is vital.

“These signals indicated that there were questions to be investigated around Moko’s care,” said Becroft.

“Unfortunately, it has become apparent that the agency workers did not pick up on them.”

Three central themes emerged from the death of Moko, which together meant social agencies failed to help his mother, Nicola Dally-Paki, solve her housing problem or investigate what was happening to Moko in Shailer’s care.

There was a lack of consultation and information sharing, he said.

“Multiple agencies and professionals held pieces of information which, put together in retrospect, paint a clear and tragic picture of Moko’s final months and days. That could, and should, have prompted protective action.”

Secondly, said Becroft, no one appeared to look at the wider household in Auckland or Taupo.

“They focused narrowly on their own area of work and on the children they regarded as their particular clients. This meant Moko did not have anyone looking for him.

“All the community agencies involved knew the household was under stress and that Tania Shailer had mental health problems and a history of family violence. “Sadly, none of them thought to check on Moko’s wellbeing.”

Finally, the judge said there was a lack of understanding by agencies about poverty and hardship on DallyPaki’s ability to find a safe home for her children.

This meant Moko and his sister went to live with Shailer in Taupo.

Shailer, he said, used “skilful strategies” to hide what was really happening in the home.

But she also “dropped worrying comments” into conversations with all the agencies involved. These included telling workers her depression was getting worse, she was stressed, not managing with two extra children and problems managing Moko’s behaviour.

Training for frontline social workers, was crucial, said Becroft. He said Moko’s “abhorrent death” was preventable and clear lessons had to be learned. He did not want to attribute blame, or make personal criticisms. “However, it seems fair to say that if Oranga Tamariki and/or Starship hospital had taken a different and more proactive approach to the issue of finding safe care for Moko and his sister in Auckland, the situation could have been very different.”

Similarly, three agencies in Taupo — the Maori Women’s Refuge, Family Works, and REAP — either missed, misinterpreted, or minimised warning signals which he said should have prompted further investigation.