Toddler’s death ‘not accidental’
A babysitter accused of murdering a toddler may never be brought before the courts.
That is the view of a coroner who found, on the balance of probabilities, Bea Marguerita Daleon, 2, died from blunt force trauma to the head sustained in ‘‘non-accidental circumstances’’ while in Karen Nenite De Luna’s care.
Coroner Brigitte Windley said in her ruling, released yesterday, the case was ’’unusual’’ and may never be ‘‘tested in court’’ because De Luna was in the Philippines, a country with no extradition treaty with New Zealand.
Bea’s mother, Margie Daleon, said: ’’I had hope [De Luna would come back to New Zealand], but it is slowly fading.’’
De Luna, in her mid-30s, was babysitting Bea when the child had a seizure at a rural property in Southland in April 2012
The girl was rushed to Invercargill Hospital, but died several days later in her mother’s arms after life support was switched off. She had suffered a skull fracture. Police charged De Luna with the toddler’s murder late last year, but by that time she had left New Zealand.
Detectives have liaised with Interpol about the case, but acknowledged getting help from the Philippines will be difficult.
Coroner Windley said in her findings that, although the criminal proceedings against De Luna had not finished, the coronial inquiry ‘‘would not prejudice the accused’’.
‘‘This is an unusual case,’’ she said.
‘‘With the accused now residing in a country that has no extradition treaty with New Zealand ... the criminal allegation against the accused may never be tested and determined by the court.’’
The coroner suppressed medical evidence and the statements of the officer in charge of the case, Detective Senior Sergeant Stu Harvey, to protect De Luna’s right to a fair trial should she return to New Zealand.
Margie Daleon said she tried to find ‘‘a space in my heart’’ to forgive De Luna, but that had been difficult.
New Zealand can make an extradition request to Filipino authorities, but because no extradition treaty exists, the Philippines is under no obligation to surrender one of its citizens to face charges.
In an email to Bea’s family in June, Harvey said he had tried to find an address for De Luna in the Philippines, but ‘‘it is taking quite a bit of work’’. It appeared De Luna did not want to return.
Last month, Harvey said police were working at a ‘‘diplomatic level’’ to try and resolve the case.
Bea, whose nickname was Mague, was in De Luna’s care at a home on Springhills-Tussock Creek Rd on the day her seizure started.
Margie and her husband, Benedict, both from the Philippines, often paid De Luna to babysit while they worked at nearby dairy farms.
Benedict came to New Zealand for a better life in about 2007. He met Margie soon after and it was not long before they married.
The couple now live in Australia.