Malachi murder case - The abuse pics no-one saw and adults who didn't act

Thursday, 30 June 2022

Malachi Subecz's family speaks after his killer's sentencing in June 30, 2022.

The daycare centre that took photographs of the abuse suffered by Malachi Subecz before his murder did not alert any authorities to his extensive injuries.

In sentencing murderer Michaela Barriball to life imprisonment with a minimum non-parole period of 17 years on Thursday, Justice Paul Davison admonished those who could have acted to try and prevent the child’s abuse.

“Adults could have taken steps to intervene and report what was happening, this is the clear lesson,” he said.

* Child killer facing tough times behind bars

Malachi Subecz was killed by his caregiver while his mother was in prison.

* Children's Minister Kelvin Davis wants answers from Oranga Tamariki over murdered 5-year-old

* Details of horrific abuse inflicted on 5-year-old murder victim revealed

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A month before the five-year-old was murdered, the daycare, Abbey’s Place Childcare Centre in Brookfield, saw and photographed multiple wounds.

These included a cluster of bruises under his chin, a scratch on his lower jaw, a large swelling on his forehead which hair had been pulled over, and a progressively blackening left eye, according to the police summary of facts.

When staff at the daycare asked what had happened, Barriball told them the deceased had fallen off his bike and had also “fallen in the weekend”.

Michaela Barriball at the High Court in Rotorua where she was sentenced for the murder of Malachi Subecz, 5. Sentencing Judge Paul Davison said her treatment of Malachi was ‘nothing less than torture’.

Staff also asked Malachi if he had fallen. He said no. And he asked them not to tell Barriball

It was unclear until today whether the daycare had reported this abuse. But at the sentencing in the High Court in Rotorua, Davison said the daycare took photographs, but “did not report to anyone”.

Stuff had earlier ascertained the daycare had not passed the images on to police, and that there is no legal requirement to.

Police said they only discovered the photographs “during the course of the homicide investigation”.

“Police did not have them prior,” a spokesperson said.

Stuff has approached the daycare and owner Craig Williams several times seeking comment, including asking if injuries had been reported to Oranga Tamariki.

Following Thursday’s sentencing, a man who answered to the name of Craig Williams at a number daycare staff had given as Williams’ wouldn’t engage when asked questions about Malachi.

“Sorry I don’t know what you're talking about,” he said, before hanging up.

Earlier, he told a Stuff reporter he had been advised by a lawyer not to talk.

Staff at Abbey’s Place daycare photographed the injuries to Malachi Subecz before his death, but failed to pass them on to either police or Oranga Tamariki, a situation that breaks no laws but was raised in court by a judge.

A family member who did not want to be named told Stuff in the first week after Malachi’s mother went to jail she called the kindergarten alerting them to possible abuse.

“I have serious concerns, if you see anything out of line make sure you don’t let it go.”

She says they told her they would make note of her call.

“They neglected it. Even if they’re not legally required to, it’s something you’d do anyway, isn’t it?”

She called for the reporting of abuse from daycares and ECEs to be mandatory.

“If you notice you should say something, whether you're a daycare or a person on the side of the road.”

An earlier Stuff investigation also discovered that for the daycare, and any teacher, failing to pass on concerns of abuse, including photographs, breaks no law.

In court, Davison said this presented “strong and clear lesson” to everyone involved in the care of children, to act whenever a child shows signs of having been abused.

“A number of adults observed Malachi showed signs of injuries, which they suspected had been deliberately inflicted.”

He also said the malnutrition suffered by the five-year-old would have been noticed too as it was “a significant change in his appearance”.

It was later found when he died at just over five years old, he weighed the same as at a medical check conducted when he was three.

“Unless responsible adults are willing to speak out or contact the police, the opportunities for intervention to prevent further trauma are lost.”

Davison said children are vulnerable and often unable to speak for themselves, and that abuse may make them fearful of adults.

“The responsibility of all adults is to act. . . this is a community responsibility,” he said.

“For Malachi and his family, his mother and his immediate family, this is a high price to pay for that lesson which must be set for the community.”

Davison also addressed Michaela directly.

“The loss of the life of a young child, it is evident from the victim impact statements read how deeply your offending has affected everyone who loved Malachi.”

He said Michaela’s offending showed “particular cruelty”, often daily.

“A manner bereft of any humanity whatsoever. . . nothing less than torture,” he said.