Malachi Subecz's family say he'd 'still be alive' if OT acted

October 5, 2022
Malachi Subecz

Warning the subject matter described in this story could be distressing to some.

The family of murdered boy Malachi Subecz say the Chief Ombudsman's findings that Oranga Tamariki failed to protect him are "sadly validating".

Five-year-old Malachi was murdered by his caregiver, Michaela Barriball, in November 2021 after she subjected the boy to months of daily abuse and torture.

Barriball abused the boy for months, including beating, burning and starving him, until he eventually died of his injuries.

Chief Ombudsman Peter Boshier said concerns for Malachi’s welfare had been reported to Oranga Tamariki in June 2021, five months before he died at Starship Hospital.

Malachi’s cousin had provided Oranga Tamariki with a photo of the boy with a suspected bruised eye, but the agency failed to report this to the police as required under the Child Protection Protocol (CPP).

In a statement today, Malachi's uncle and cousin said "there is no doubt Malachi would still be alive if Oranga Tamariki had acted appropriately".

It comes after the initial report of concern, made by Malachi's cousin, was not acted upon.

The Ombudsman said there was no evidence the agency ever met with Malachi to investigate his living situation, and neglected to carry out a safety check after concerns were raised about the suspected abuse.

Boshier described the agency's handling of Malachi's case as a "litany of failures".

"It is bittersweet that the Ombudsman has found what we knew to be true," Malachi's cousin said today.

Oranga Tamariki said earlier they were in the final stages of an internal review into how they handled the case. A second independent review into the roles and responsibilities of the different agencies involved in Malachi’s care is also underway.

Boshier said he would be "closely monitoring" the progress of these two investigations.

The family has welcomed the ongoing support from the Ombudsman's office, but say they have "no confidence" in Oranga Tamariki's internal review.

"OT continue to treat us with disdain as evidenced by their refusal to apologise to us until after, and only if, their internal practice review finds failings."

Victim advocate Ruth Money said the agency's failure to consider its CPP obligations was "astounding".

"Malachi’s cousin reported photographic evidence of non-accidental bruising, which by law required a referral to police as a CPP case and yet they failed to do this.

"Child abuse is an epidemic in New Zealand and if we cannot rely on OT to act within the CPP framework who can we turn to?

The family said it's "only the beginning" of their fight to seek justice for Malachi.

"We are determined to hold OT to account for their culpability and inadequate service delivery."

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