The ‘safe person’ who killed baby
A caregiver convicted of the manslaughter of a 10-month-old twin was deemed a ‘‘safe person’’ by a social worker, despite them being aware of an indecent assault conviction and the previous uplift of his own three children.
Shane Claude Roberts, 61, was found guilty last week of the manslaughter of Karlos Stephens, after a second High Court murder trial.
Over the course of the nine-day trial the jury heard that the twins were left in the care of Roberts’ by their mother Pamela Stephens, who had met him just a few weeks earlier.
She was struggling to cope with the twins, and her four other children, and Roberts’ agreed they would be cared for by him, his ex-wife and their children. He also denied ever harming Karlos.
‘‘Mr Roberts’ position in a nutshell is he did not harm Karlos, he did not cause the injuries that eventually led to his death,’’ said defence lawyer Simon Lance.
After 10 hours of deliberations over two days, the jury found him guilty of Karlos’ manslaughter.
Child Youth & Family, now Oranga Tamariki, social worker Sarah Easthope-Wilson, who gave the assessment that Roberts was a safe person to care for Karlos and his twin, gave evidence at the trial for Roberts’ defence.
In a written statement to Stuff, Oranga Tamariki Bay of Plenty regional manager Tasi Malu declined to address questions about Roberts’ indecent assault against a child conviction, or the previous uplift.
While the conviction and uplift were deemed prejudicial and not revealed at trial, two sources close to the case have confirmed both.
Malu did, however, confirm one of Roberts’ own family members contacted the agency with their concerns.
‘‘The concerns involved neglect, not drugs. In addition, there was a report of concern from another person which involved drugs.’’
Court documents obtained by Stuff revealed that report of concern was filed on October 7, 2014, and centred on ‘‘green liquid coming out of one of the baby’s ears’’.
When the notifier suggested to Roberts’ that he should take the baby to a doctor, he replied ‘‘they don’t need a doctor’’.
The documents also revealed that Tipu Ora, a kaupapa Ma¯ ori community-based provider in the Lakes DHB region, contacted Child Youth and Family on July 31, 2014 with their concerns and a request for the organisation to check the twins. That check eventually fell to Easthope-Wilson.
‘‘My assessment reassured me he was a safe person,’’ she told the court.
‘‘I just saw those two beautiful twins bonding with their father.
‘‘They gave me no cause for concern.’’ Easthope-Wilson said she made her first visit to check on the twins on September 5, 2014, though she later gave evidence she may have seen them earlier.
However, he admitted no note of an earlier visit was on the file.
‘‘Some of these notes, I’ve just realised why they are not mine. They might have been the student’s [student social worker]. Not that I want to put him on the spot.’’
Just over two months later, on Sunday November 30, Karlos was pronounced dead at Rotorua Hospital, with forensic pathologist Dr Paul Morrow citing ‘‘lack of oxygen to the head, caused by trauma’’ as the cause of death.
Easthope-Wilson was also asked at trial about a visit to Roberts’ by Tipu Ora after they refused to let them in.
‘‘Did that make you reassess the safety of the twins,’’ asked Crown prosecutor Amanda Gordon. ‘‘No.’’
Malu said the death of a child was devastating. ‘‘I want to acknowledge the ongoing grief the family of Karlos must be feeling,’’ Malu said.
She added, however, that at the time of his death, ‘‘Karlos and his twin brother were not in the custody of the chief executive of Child, Youth & Family’’.
‘‘While CYF was investigating, concerns made about Pamela Stephens [Karlos’ mother] ability to keep the babies safe, it had not taken the twins into care, nor had it placed them with Roberts.’’
The revelations of the agencies’ role comes in the wake of Oranga Tamariki boss Grainne Moss telling the Waitangi Tribunal that structural racism ‘‘at all levels’’ existed in the child welfare agency.
The agency has also come under fire after it was revealed they visited the home of another 10-month-old baby due to concerns about his welfare just under three weeks before his father beat him to death.
Easthope-Wilson remains in the employ of Oranga Tamariki, and Roberts is set to be sentenced on February 12 next year.