{"id":277990,"date":"2026-02-11T03:16:09","date_gmt":"2026-02-11T03:16:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/277990\/"},"modified":"2026-02-11T03:16:09","modified_gmt":"2026-02-11T03:16:09","slug":"the-murder-of-malachi-subecz-inside-the-custody-battle-that-left-him-with-killer-caregiver","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/277990\/","title":{"rendered":"The murder of Malachi Subecz: Inside the custody battle that left him with killer caregiver"},"content":{"rendered":"

\n Another damning inquiry into the murder of Malachi Subecz<\/a> has been released with Coroner Janet Anderson saying, \u201cNo more children should die because of a lack of safeguards, knowledge, training or funding\u201d. Below is the Herald\u2019s investigation into the circumstances that led to the five-year-old\u2019s violent
\n death. It was first published in March 2023.\n <\/p>\n

It is possible to imagine a world in which Malachi Subecz is still alive.<\/p>\n

Malachi, an adventurous, charming, kind youngster mad about dinosaurs and whose favourite movie was The Land Before Time, would be living with his maternal wh\u0101nau in Wellington.<\/p>\n

It would have been a busy household, alive with the sound of children, that provided a stable environment for the boy after a chaotic few years of moving around.<\/p>\n

Having just started his second year of primary school, Malachi would be adjusting to daily routines and picking up the basics of reading, writing, and maths.<\/p>\n

He would have celebrated his 7th birthday this coming September with five cousins he adored, whose birthdays fell within six weeks of his own. He would be happy, loved, and safe.<\/p>\n

But Malachi never got the opportunity to live in that world.<\/p>\n

He died in November 2021 at the hands of his caregiver, a woman named Michaela Barriball, after suffering months of unimaginable cruelty that left him so terrified he would soil himself.<\/p>\n

Barriball had become Malachi\u2019s caregiver (for which she received $700 a week in welfare payments) at the insistence of his mother, Jasmine Cotter.<\/p>\n

Barriball and Cotter were friends.<\/p>\n

Today, for the first time, the Weekend Herald can reveal details of a Family Court case that outlines how Malachi came to be in temporary care of Barriball – and the desperate efforts of a cousin who wanted to take Malachi in.<\/p>\n

Megan, who asked for her surname not to be published, sought guardianship of Malachi and also raised concerns with Oranga Tamariki about Barriball.<\/p>\n

\u201cWe didn\u2019t have any solid proof but we knew something wasn\u2019t right,\u201d Megan said in an exclusive interview this week.<\/p>\n

\u201cWe tried to get Malachi the right way. Now my family and I wish we\u2019d driven to Tauranga and picked him up anyway.\u201c<\/p>\n

Malachi Rain Subecz was born in Tokoroa on September 28 in 2016. At the time of his birth, he lived with his 19-year-old mother, Jasmine Cotter, at his paternal grandmother\u2019s house along with some aunts and uncles.<\/p>\n

When he was three months old, Malachi moved to Auckland with his mother and her new partner. The couple eventually married in 2018 and Malachi grew close to his step-father, even after the relationship ended.<\/p>\n

Malachi and Jasmine then left Auckland to live in Wellington, where they stayed with an aunt for a year, before switching back-and-forth between the capital and Tauranga.<\/p>\n

It was during this time that Jasmine Cotter became caught up in the drug world. She was charged in April 2021 with importing methamphetamine and MDMA, albeit as a small player in a syndicate investigated by Customs.<\/p>\n

Despite her lowly role, prison was inevitable. So Jasmine started talking with her Wellington wh\u0101nau about who could look after Malachi in her absence.<\/p>\n

Different conversations were had with different relatives. There were a number who would have taken him in a heartbeat.<\/p>\n

Secretly, Jasmine didn\u2019t want that. She was worried about losing custody of Malachi to a family member, or his step-father, after she was released from prison.<\/p>\n

To allay their fears, she told wh\u0101nau that Malachi would live in Wellington with her niece Megan – who had children of a similar age.<\/p>\n

Instead, she decided that her friend Barriball was the best person to care for her son.<\/p>\n

Barriball lived in Tauranga, so part of Jasmine\u2019s logic was that Malachi wouldn\u2019t need to travel as far to visit the women\u2019s prison in Auckland.<\/p>\n

Without telling anyone in her family, on the 18th of June 2021, Jasmine prepared an application to the Family Court to appoint Barriball (26, unemployed and no children of her own) as an additional guardian.<\/p>\n

Jasmine explained that, if she pleaded guilty to the charges, she would be remanded in custody and unable to care for her son.<\/p>\n

\u201cMalachi knows Michaela well and has a close relationship with her,\u201d Jasmine wrote in her affidavit.<\/p>\n

\u201cI trust Michaela to care for Malachi. There is no other person that is in a position to do this for me.\u201d<\/p>\n

Three days later, Malachi watched in the Tauranga District Court as his mother was led away to the cells after admitting the drug charges. He left with Barriball.<\/p>\n

Jasmine\u2019s admission of guilt on that day came as a shock to her family in Wellington.<\/p>\n

\u201cWe had no idea,\u201d said Megan. \u201cOne of my other aunties called and she thought Malachi was with me. We had no clue where he was, so we were so worried.\u201d<\/p>\n

Later that day, Megan received a Facebook message from a complete stranger: Barriball.<\/p>\n

She told Megan that Malachi, just 4, was staying with her.<\/p>\n

\"MalachiMalachi Subecz was a kind and empathetic child. Photo \/ Supplied<\/p>\n

The immediate relief that Malachi was safe soon gave way to grave fears once Megan joined the dots: Barriball was the daughter of one of the people arrested with Cotter on drugs charges.<\/p>\n

She was worried that Jasmine, who in her opinion was easily influenced, had been manipulated into handing Malachi to someone who could then effectively hold him hostage.<\/p>\n

Her theory was the pre-schooler could be used as leverage to blackmail Jasmine to stop her from ever co-operating with the police as a \u201crat\u201d or witness.<\/p>\n

On learning what happened, Megan immediately called the Department of Corrections to speak with her aunt.<\/p>\n

Prison staff said Jasmine was unavailable but would call her back.<\/p>\n

In the meantime, Megan went into the nearest Oranga Tamariki office the next day to make a \u201creport of concern\u201d to the duty social worker.<\/p>\n

Megan shared her blackmail concerns but also explained that Malachi needed extra attention because of his learning difficulties.<\/p>\n

Malachi had never been away from his mother, Megan told the social worker, and their wider wh\u0101nau in Wellington had genuine concerns for his well-being in the care of strangers.<\/p>\n

This \u201cReport of Concern\u201d on June 22, 2021 was transferred to the Oranga Tamariki office in Tauranga.<\/p>\n

The next day, Malachi\u2019s step-father also called Oranga Tamariki and was transferred to the Tauranga office. He explained his connection and said he was very worried he did not know where Malachi was.<\/p>\n

A social worker told the step-father that someone had already raised concerns about Malachi\u2019s safety, and someone would call him back. They never did.<\/p>\n

The step-father tried to call Jasmine in prison, but his request was refused as they were no longer in a relationship.<\/p>\n

That same day, Jasmine called Megan from prison. She asked Jasmine if she could pick up Malachi from Barriball, as she was anxious he might get hurt.<\/p>\n

Jasmine refused and shared her belief that Barriball and her family would not harm her son because they were her friends. Megan disagreed.<\/p>\n

She told Jasmine that she had spoken with Oranga Tamariki and would also seek custody in the Family Court.<\/p>\n

\u201cThey are not your friends,\u201d Megan told Jasmine.<\/p>\n

\u201cThey are the reason you are in [prison].\u201d<\/p>\n

After feeling as if Oranga Tamariki were not listening to her concerns, Megan thought she needed to provide evidence to corroborate her concerns. So she asked Barriball to send a photo of Malachi, ostensibly to check how his eyes had recovered after his recent surgery.<\/p>\n

Malachi didn\u2019t look quite right in the photograph. Megan thought she saw bruising, and other wh\u0101nau agreed, so she emailed the image to Oranga Tamariki.<\/p>\n

\u201cI have been in contact and raised my concerns already and was asked to send this through. Possible bruising around the eye?\u201d Megan wrote on June 28, 2021.<\/p>\n

\u201cCould be nothing but best to pass it on to you guys.\u201d<\/p>\n

Two social workers at the Tauranga site looked at the photo but did not see any bruising, in their opinion. Neither the photograph, or their analysis, was recorded on the Oranga Tamariki internal records system known as CYRAS.<\/p>\n

That same day, Cotter called Oranga Tamariki to explain why she had placed Malachi in the care of Barriball.<\/p>\n

\u201cShe doesn\u2019t understand why her family is judging Michaela,\u201d according to the CYRAS notes.<\/p>\n

\u201cShe would not have placed Malachi with Michaela if he didn\u2019t want to be there and she didn\u2019t think it was safe.\u201d<\/p>\n

The social worker noted that Jasmine Cotter would apply to the Family Court to support guardianship and parenting orders for Barriball.<\/p>\n

The very next day, Oranga Tamariki concluded the initial \u201cReport of Concern\u201d from Megan needed no further action.<\/p>\n

\u201cThere was nothing to say that Malachi\u2019s mother couldn\u2019t make decisions for her son,\u201d the social worker wrote in her recommendation.<\/p>\n

Case closed.<\/p>\n

However, there was no evidence that the social worker (or the supervisor who approved the recommendation) ever saw the photograph of suspected bruising on Malachi\u2019s face.<\/p>\n

Megan told the Weekend Herald she felt that Oranga Tamariki didn\u2019t take the photo seriously because the social workers had \u201cwritten her off\u201d.<\/p>\n

\u201cI had my concerns about the possibility of blackmail, but I didn\u2019t have any proof. So I think [Oranga Tamariki] thought I was searching, stretching\u2026 like what I had to say was out the gate.<\/p>\n

\u201cBut it was mainly a gut feeling. I knew something wasn\u2019t right.\u201d<\/p>\n

Cotter then filed an application to the Family Court asking for joint guardianship to be granted to Barriball.<\/p>\n

In a sworn affidavit, Barriball confirmed she had no criminal record, no history with Oranga Tamariki, or any family violence in her life.<\/p>\n

\u201cI have a good relationship with Malachi and have known him since he was about 1 \u00bd [years old],\u201d Barriball wrote. \u201cI understand Jasmine believes I am the best person in Malachi\u2019s life to be in a position to do this\u2026Malachi does ask me where his mum is a lot.\u201d<\/p>\n

Judge Christina Cook did not grant the application immediately. Instead, the judge ordered that an experienced lawyer be appointed to represent Malachi and report back to the court.<\/p>\n

This opened a small window of opportunity for Megan. She filed her own application to the Family Court asking that she be appointed as Malachi\u2019s guardian instead.<\/p>\n

Jasmine and Malachi would often stay with her family in Wellington, Megan wrote in an affidavit, which meant she had a \u201cvery strong bond\u201d with the little boy.<\/p>\n

Her own children \u201cadored\u201d their cousin, and as a full-time mother, Megan said she had the patience and time to cope with his needs.<\/p>\n

Malachi was non-verbal until he was 3, said Megan, but even now his speech and engagement was more like a toddler\u2019s. He also had \u201cbehavioural issues\u201d which she attributed to undiagnosed autism or Asperger\u2019s syndrome.<\/p>\n

Her plan was to get a GP referral to a paediatrician for an assessment, and Megan had already checked that Malachi could attend the local kindergarten.<\/p>\n

\u201cI worry that because of Michaela\u2019s lack of experience and understanding of his special needs, that she may be getting overwhelmed with his behaviour,\u201d Megan wrote in her affidavit.<\/p>\n

When Michaela brought Malachi down to Wellington in July for his appointment with the eye surgeon, Megan said she noticed \u201clittle to no interaction\u201d between caregiver and child.<\/p>\n

\u201cHe was very clingy to the point that when they left, he refused to let me go saying \u2018I not want to go, I stay here\u2019,\u201d Megan wrote in her affidavit. \u201cIt was clear there was no bond between them.\u201d<\/p>\n

What was not in the affidavit, was Megan\u2019s plan to covertly check for any signs of abuse.<\/p>\n

She purchased new clothes for Malachi and he changed in front of her; there were no marks on his body.<\/p>\n

When she hugged him goodbye, Malachi clung to her \u201clike a koala to a tree\u201d.<\/p>\n

She whispered to him: \u201cDon\u2019t worry. You\u2019ll be back here soon\u201d.<\/p>\n

\"MalachiMalachi Subecz was adored by his cousins in Wellington who sought legal guardianship of him in the Family Court. Photo \/ Supplied<\/p>\n

On the 17th of August 2021, barrister Penni Eagle submitted her first report to the Family Court.<\/p>\n

As the \u201clawyer-for-child\u201d representing Malachi in the proceedings, Eagle had met with her client and Barriball at her Tauranga chambers. She had also spoken with Megan by phone, and made enquiries with the police and Oranga Tamariki [which had already closed the report of concern].<\/p>\n

Malachi was very well-behaved and sat quietly in the office, but Eagle noticed that he seemed to lack understanding.<\/p>\n

While Barriball had presented as \u201copen and honest\u201d, Eagle\u2019s report stated that the allegations made by Megan – which essentially repeated the previous report of concern to Oranga Tamariki – were \u201csignificant\u201d.<\/p>\n

She supported Megan\u2019s request for leave to join the Family Court proceedings.<\/p>\n

\u201cI believe that we need to ascertain what is happening for my client, what his needs are and who will care for him long-term in the absence of his mother,\u201d Eagle wrote.<\/p>\n

\u201cI also support that [the] family needs to be heard\u2026 Malachi is turning 5 next month. He needs to be placed where he is going to live for the coming years as a matter of urgency.\u201d<\/p>\n

In a minute issued in September 2021, Judge Stephen Coyle agreed that a hearing needed to be held as soon as possible. He ordered for all parties to file their evidence and submissions within two weeks, and the court registry to prioritise the case.<\/p>\n

The next available date was November 1, 2021; the sole issue to determine was whether Malachi would live with Barriball (as agreed with his mother) or his cousin Megan.<\/p>\n

Lawyers for all parties consented to Barriball being an interim guardian for Malachi, as she was already making decisions for him on a day-to-day basis.<\/p>\n

They were sleeping in a portable cabin shifted onto a property in Te Puna, just north of Tauranga, where Barriball\u2019s father lived in a separate house.<\/p>\n

Malachi and Barriball showered and ate in her father\u2019s house, along with three of her nieces and nephews – aged 5 to 10 – who also lived there.<\/p>\n

Over the coming weeks, the parties filed affidavits arguing over who should get Malachi.<\/p>\n

The theory that Malachi was in danger because his mother had \u201cratted out\u201d others in the drugs case was rejected by both Cotter and Barriball.<\/p>\n

Malachi and Barriball were \u201clike two peas in a pod\u201d, said Jasmine, who considered her friend to be like a godmother to him.<\/p>\n

In her affidavit, Barriball said she had kept Malachi in the same day-care centre and had enrolled him at Te Puna Primary, where Jasmine planned for him to attend.<\/p>\n

He turned 5 on September 28, 2021 and was due to start school after the October holidays.<\/p>\n

\u201cI am providing certainty and stability for Malachi,\u201d wrote Barriball. \u201cI have a lot of love for Malachi and want to ensure he has the best care possible.\u201d<\/p>\n

Four days before the Family Court hearing was supposed to begin, Barriball called in sick.<\/p>\n

She had travelled to Hamilton in breach of Covid-19 lockdown restrictions at the time, according to a letter filed by her lawyer, and was now sick with flu-like symptoms.<\/p>\n

Barriball was awaiting the result of a Covid test, but given her illness it was unlikely she would be allowed inside the courtroom.<\/p>\n

She also didn\u2019t have a laptop, or internet access at home, meaning she couldn\u2019t attend by audio-visual link.<\/p>\n

Given those problems, Barriball\u2019s lawyer asked for the hearing to be pushed back until November 10, 2021, to which Judge Coyle reluctantly agreed.<\/p>\n

Barriball\u2019s excuses were all lies.<\/p>\n

At 8.27am on November 1, 2021, the day the Family Court hearing was originally scheduled, Barriball carried Malachi from the cabin they shared into the main dwelling on the property.<\/p>\n

He was unconscious and having seizures. Attempting to revive the boy, Barriball\u2019s father splashed water on his face. They called 111 and Barriball told the operator that Malachi had fallen over while getting changed for school and had a fit.<\/p>\n

The ambulance arrived at 8.45am to find Malachi flailing on the couch. His uncontrolled movements lifted his shirt and exposed his abdomen, revealing a horrible burn mark.<\/p>\n

When questioned by the paramedics, Barriball and her father said Malachi had clumsily turned on the hot water in the shower and scalded himself.<\/p>\n

The five-year-old was taken to Tauranga Hospital before being airlifted to Starship Hospital in Auckland, where he was intubated and surgeons performed emergency surgery.<\/p>\n

As well as the life-threatening damage to his brain, doctors found the following injuries:<\/p>\n

A black eyeHeavy bruising across his body (chin, jaw, both elbows, right hip, left thigh)Abrasions and cuts on his legs (indicative of grabbing)The large burn on his stomach.<\/p>\n

He was also severely malnourished, weighing just 16kg.<\/p>\n

The District Health Board made a joint referral to Oranga Tamariki and the Bay of Plenty police, which started an urgent investigation.<\/p>\n

Barriball gave detectives a different story to what she told the paramedics. According to her interview, Malachi had reached for the top of a set of drawers, lost his balance and toppled backwards, striking his head on the corner of the bed.<\/p>\n

She also gave different versions to other members of her family: That Malachi had tripped over an extension cord, or lost his balance because he was half-asleep, or had a seizure.<\/p>\n

The problem was that none of those explanations fitted with the injuries on his body.<\/p>\n

Perhaps the only truthful statement that Barriball made were text messages sent to her partner:<\/p>\n

\u201cSo bub if I go to prison I\u2019m very sorry for that ok\u2026 I\u2019m sorry if I got locked up baby.\u201d<\/p>\n

There was another problem. Doctors and social workers in Starship Hospital did not want to consult with Barriball about his care, as she was a suspect, but officially she was one of Malachi\u2019s guardians.<\/p>\n

Penni Eagle, his lawyer in the Family Court case, made an application to strip Barriball\u2019s legal rights.<\/p>\n

But at such an early stage of the police investigation, Judge Coyle said there was insufficient evidence to yet prove Barriball had inflicted the injuries and revoke her guardianship without notification.<\/p>\n

Recognising the urgency of the situation, the judge looked for a different legal path. He directed that lawyers for Oranga Tamariki make an application for Malachi to be placed under the guardianship of the Family Court.<\/p>\n

At a hearing the following day, Judge Coyle outlined the latest update from Starship\u2019s senior paediatrician, Dr Patrick Kelly.<\/p>\n

The left side of Malachi\u2019s brain was dead, as was part of the right. Dr Kelly gave him a 3 per cent chance of survival.<\/p>\n

\u201cThe concern of social workers and Starship are that Ms Barriball remains with Malachi and that she is using the order appointing her as an additional guardian to be involved in decisions about Malachi,\u201d said Judge Coyle.<\/p>\n

\u201cIt is my view there is a clear conflict for her in terms of her potential self-interest and the need to protect her position, and the welfare and best interests and safety for Malachi.\u201d<\/p>\n

The judge placed Malachi under the guardianship of the Family Court, which had the effect that neither Barriball – or Cotter – had a legal right to make any decisions for Malachi.<\/p>\n

Oranga Tamariki was appointed as the agent of the Court, however, with the strict condition that any decisions about Malachi\u2019s care could only be made with the agreement of his mother.<\/p>\n

She had been granted compassionate leave from the prison and remained at his bedside, albeit with guards standing nearby. Malachi passed away on the 12th of November 2021, two days after his breathing tube was removed.<\/p>\n

Judge Coyle immediately discharged the Court\u2019s guardianship of Malachi, so his mother could make arrangements for his tangi.<\/p>\n

\u201cI want her to know that her son\u2019s death has impacted those of us who have made decisions and been involved in Malachi\u2019s life, and that we too grieve his death and the loss of his potential in life,\u201d Judge Coyle wrote in a minute.<\/p>\n

\u201cMs Cotter; your son\u2019s death is not your fault. It is the fault of whoever is found, in time, to have harmed him. Aroha nui ki a koe.\u201d<\/p>\n

\"MichaelaMichaela Barriball was charged with murder a few weeks after Malachi Subecz’s death in December 2021. Photo \/ Andrew Warner<\/p>\n

Three days before Christmas 2021, Michaela Barriball was charged with murder, injuring with intent, and ill-treatment of a child. It was only then that the true extent of Malachi\u2019s final months were laid bare by the police investigation.<\/p>\n

She had slapped him around the head, face and body. She would push him into walls and onto the ground. He started soiling himself out of fear, so Barriball would strip him to his underwear and lock him outside.<\/p>\n

To make Malachi obey her, she would frequently feign to hit him with a closed fist and say: \u201cI\u2019m going to punch you in the face soon\u201d.<\/p>\n

On one occasion when Malachi was in the bath, Barriball pushed his head under the water. When allowed up for air, he asked her to stop. So she did it again.<\/p>\n

Detectives also combed through Barriball\u2019s phone records.<\/p>\n

She sent her partner a series of incriminating text messages, in the week starting October 12, 2021, which included the following:<\/p>\n

\u201cI\u2019m more scared I\u2019m gonna kill him if he don\u2019t watch it seriously\u201d.\u201cI can\u2019t handle him seriously\u201d.\u201cI think I will kill him yar\u201d.\u201cF*** man I\u2019m got much anger on this boy [sic] and I can\u2019t calm myself.\u201d<\/p>\n

The investigation team established that burns found on Malachi\u2019s body were inflicted on October 18, 2021. It was supposed to be his first day at school.<\/p>\n

That morning, he soiled himself. Barriball put him into the shower and turned the hot water on.<\/p>\n

Building regulations in New Zealand mean water should be no hotter than 55C when it comes out of the tap. This is because it only takes five seconds for 60C water to burn human skin.<\/p>\n

The water at Barriball\u2019s home was measured by police as reaching 73C, as did the temperature of the removable shower head.<\/p>\n

It\u2019s likely the deep, black 13cm mark left on Malachi\u2019s abdomen was caused by an object pressed into his skin. He was left screaming on a sheet in the lounge.<\/p>\n

The next day, Barriball texted her sister. \u201cI wanna take him to hospital but I\u2019m fucking scared asf man.\u201d<\/p>\n

The police investigation also identified missed opportunities for other adults to save Malachi.<\/p>\n

On October 23, a few days after Malachi was scalded in the shower, Barriball took him to a family function at a restaurant in Mt Maunganui. Security camera footage showed the boy was in pain, hunched over and walking slowly. Despite his face being obscured by the hood of a sweatshirt, and his fringe pulled down, several whanau noticed a burn on his forehead.<\/p>\n

Barriball assured her concerned relatives that he burnt himself in the shower, and a doctor had seen the injuries. More lies.<\/p>\n

Detectives also interviewed staff at the daycare he attended each day, Abbey\u2019s Place Childcare Centre in Brookfield, and discovered that Malachi had arrived with a black eye on September 27.<\/p>\n

He had fallen off his bike, Barriball said. But when staff later asked Malachi if he fell, the boy said \u2018no\u2019. He also told them that \u201cMichaela would be angry\u201d. The daycare staff took photos of the bruising for their records but did not notify the Ministry of Education (as was their policy), Oranga Tamariki or the police.<\/p>\n

Following Malachi\u2019s death and subsequently learning of these failures, the Ministry of Education cancelled the operating licence for Abbey\u2019s Place.<\/p>\n

\u201cI just couldn\u2019t believe it,\u201d Megan told the Weekend Herald, \u201cI rang the kindy myself early on and said, \u2018if you notice anything, please make sure it\u2019s reported\u2019.\u201d<\/p>\n

A similar point was made by Justice Paul Davison in April 2022 when sentencing Barriball to life imprisonment. She will serve at least 17 years before becoming eligible for parole, in part because of her cruelty and the gross abuse of trust.<\/p>\n

\u201cYou held all the power and you abused that power in the most callous and inhumane way imaginable. Your abuse clearly sits at the highest end of any scale.\u201d<\/p>\n

While Barriball alone was culpable for Malachi\u2019s abuse, the High Court judge went on to point out that young children are especially vulnerable and unable to speak effectively for themselves.<\/p>\n

\u201cLeaving it to others to act can so easily lead to tragic consequences as is the case here\u2026 after a number of opportunities had arisen when adults could have taken steps to intervene and report what they observed to be happening,\u201d Justice Davison said.<\/p>\n

\u201cThis is the clear lesson that everyone should take from what has happened here. And as is well known, serious violence to children is all too frequent in New Zealand and stopping it will require a fully committed community response. For Malachi and his family, this is a high price to pay for that lesson which must be acted upon with collective responsibility.\u201d<\/p>\n

\"ChiefChief Ombudsman Peter Boshier found numerous failings in Oranga Tamariki’s decision-making after concerns were raised about Malachi. Photo \/ File<\/p>\n

Malachi Subecz. James Whakaruru. Lillybing. Coral-Ellen Burrows. The Kahui twins. Nia Glassie. Moko Rangitoheriri. Leon Michael Jayet-Coles.<\/p>\n

Every year, more names are added to New Zealand\u2019s shameful list of children who have died at the hands of the adults entrusted to protect them.<\/p>\n

Between 2009 and 2019, 78 deaths were confirmed as the result of abuse and neglect – that\u2019s nearly eight young lives per year.<\/p>\n

More recent deaths are still being investigated, or making their way through the courts, which means several years can pass before an official finding can be made.<\/p>\n

Many of these tragedies have been the subject of reviews, or Coronial inquests, to identify mistakes made by the relevant government agencies and make recommendations to stop the next child from being killed.<\/p>\n

Malachi Subecz\u2019s death triggered three inquiries.<\/p>\n

The first was by the Chief Ombudsman, Judge Peter Boshier, following a complaint laid by Megan\u2019s father.<\/p>\n

In October 2022, Judge Boshier (who used to sit on the Family Court bench) published a stinging decision which detailed how Oranga Tamariki failed to properly investigate the \u201cReport of Concern\u201d made by Malachi\u2019s cousin Megan.<\/p>\n

The Chief Ombudsman was particularly concerned that the photograph of suspected bruising on Malachi, sent by Megan, was not mentioned in the social worker\u2019s decision-making process.<\/p>\n

\"MalachiMalachi Subecz pictured before his death. Photo \/ Supplied<\/p>\n

Oranga Tamariki was wrong in taking no further action, said Judge Boshier.<\/p>\n

\u201cThere is no evidence that Oranga Tamariki had considered engaging with Malachi, nor had it otherwise considered conducting a safety check of the caregiver\u2019s home\u2026 it is apparent that Malachi\u2019s welfare and interests were wrongly assumed to be addressed or overridden by his mother\u2019s endorsement of the caregiver.\u201d<\/p>\n

Those conclusions were later corroborated in the second inquiry, conducted by Oranga Tamariki\u2019s chief social worker Peter Whitcombe, published in December 2022.<\/p>\n

Whitcombe\u2019s report revealed that the Tauranga West site, which was handling Malachi\u2019s case, was struggling to cope with workload pressure and \u201coffice culture challenges\u201d.<\/p>\n

This toxic environment had not been addressed by Oranga Tamariki management, and Whitcombe said this \u201clikely\u201d contributed to poor decisions made for Malachi.<\/p>\n

The initial Report of Concern by Megan should have been assessed by an experienced social worker, said Whitcombe, especially as the \u201cpotential for manipulation and blackmail in the relationship between Malachi\u2019s mother and Michaela required deeper exploration\u201d.<\/p>\n

Of note in Whitcombe\u2019s report, was the revelation that Jasmine Cotter\u2019s probation officer also made a \u201cReport of Concern\u201d a few weeks after Megan did – and voiced the same blackmail fear about Malachi being used as \u201cleverage in the court process\u201d.<\/p>\n

The social worker advised her that those concerns had been assessed and no further action was required. However, the phone call from the probation officer on July 19, 2021 was not treated as a new \u201cReport of Concern\u201d, or recorded in Oranga Tamariki\u2019s internal system, or communicated to a supervisor.<\/p>\n

Combined with the incorrectly recorded \u201cbruising\u201d photo, and the phone call from Malachi\u2019s stepfather that was ignored, Whitcombe said these three key pieces of information were not properly considered.<\/p>\n

\u201cThis had a serious impact and culminated in a misinformed decision to not fully assess the concerns for Malachi or understand more about his safety and wellbeing,\u201d Whitcombe said.<\/p>\n

\u201cThis would have led to a visit to Malachi.\u201d<\/p>\n

Finally, the third review into Malachi\u2019s death was undertaken by Dame Karen Poutasi.<\/p>\n

With a long and distinguished career in the public service, Dame Karen\u2019s brief was to identify how government agencies could better work together to stop another child from slipping through the gaps.<\/p>\n

The Poutasi report, also published in December 2022, identified five \u201ccritical\u201d gaps and made 14 recommendations to the Government to fix them.<\/p>\n

She was also possessed enough self-awareness to realise her findings repeated many of the findings from the 33 previous reviews on the topic of child abuse, written over the past 30 years.<\/p>\n

\u201cI find it unacceptable that I need to once again make similar findings about how the system is – or is not – interacting,\u201d wrote Dame Karen.<\/p>\n

\u201cAs a society, we cannot continue to allow a cycle of abuse, review, outrage and distress – and then retreat from the difficult challenges.\u201d<\/p>\n

Megan is not optimistic that the necessary changes will be made.<\/p>\n

While Kelvin Davis, the Minister for Oranga Tamariki, has fully accepted nine of Dame Karen\u2019s 14 recommendations, the government has only pledged to \u201clook carefully\u201d at the remaining five before Cabinet makes a decision.<\/p>\n

But two of those uncommitted recommendations would have made the most difference for Malachi, Megan told the Weekend Herald: Mandatory reporting of suspected abuse and the automatic vetting of caregivers when a solo parent is imprisoned.<\/p>\n

She is waiting patiently to hear of the government\u2019s plans, and is due to meet with Chappie Te Kani, the chief executive of Oranga Tamariki, later this month.<\/p>\n

Until those decisions are set in concrete, one way or another, Megan feels she won\u2019t be able to fully grieve for what she\u2019s lost. The world where Malachi can\u2019t stop talking about dinosaurs and is getting up to mischief with his cousins.<\/p>\n

\u201cWe had a bed made up for him, all set out with clothing, because I was pretty sure he would be coming home from court with us,\u201d said Megan.<\/p>\n

\u201cOur kids talk about Malachi all the time. But for myself, this sounds weird, but it hasn\u2019t really hit me yet. Because I\u2019m more of a person who focuses on doing things. And we\u2019ve still got shit to get done to make any real change.\u201d<\/p>\n

The final word should go to Jasmine Cotter, Malachi\u2019s mother. She thought giving him to her friend Michaela Barriball was the right thing to do, according to her interview with the Oranga Tamariki review.<\/p>\n

She is still in prison but appearing before the Parole Board later this month. Following the release of the public reviews in December 2022, the Department of Corrections issued an unedited statement on her behalf.<\/p>\n

\u201cThere are no words that can describe the emotions I\u2019ve felt over this … Something like this I would not wish upon anyone. I\u2019ve made my mistakes, all of which I live with every single day. All I hope to come from this is this does not happen to other parents doing a lag who have kids. Do not trust anyone with your kids who aren\u2019t family. A harsh lesson I\u2019ve learnt in the worst possible way.\u201d<\/p>\n

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Copy LinkEmailFacebookTwitter\/XLinkedInReddit<\/p>\n","protected":false},"excerpt":{"rendered":"Another damning inquiry into the murder of Malachi Subecz has been released with Coroner Janet Anderson saying, \u201cNo…\n","protected":false},"author":2,"featured_media":277991,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[17248,50543,9526,5837,17517,1558,13990,27887,1061,84611,12629,11928,77631,634,1888,156201,738,42,30689,16718,37601,2944,296,12898,68081,14235,12973,27135,101,156013,1535,130,4275,43,1118,3227,13181,156200,2687,3271,156199,1361,223,40,38,41,39,8812,20424,102],"class_list":["post-277990","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-17248","tag-anderson","tag-another","tag-battle","tag-because","tag-been","tag-below","tag-caregiver","tag-children","tag-circumstances","tag-coroner","tag-custody","tag-damning","tag-death","tag-first","tag-fiveyearolds","tag-funding","tag-headlines","tag-heralds","tag-him","tag-inquiry","tag-inside","tag-into","tag-investigation","tag-janet","tag-killer","tag-knowledge","tag-lack","tag-left","tag-malachi","tag-march","tag-more","tag-murder","tag-news","tag-of","tag-published","tag-released","tag-safeguards","tag-saying","tag-should","tag-subecz","tag-that","tag-the","tag-top-news","tag-top-stories","tag-topnews","tag-topstories","tag-training","tag-violent","tag-with"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/277990","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=277990"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/277990\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/277991"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=277990"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=277990"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=277990"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}