"Victims of poverty" parents acquitted of infant's death [1]
Friday, April 15, 2016 - 16:48
Parents of an eight-months old infant, who died after no medical treatment was sought in 2014, were acquitted of manslaughter by negligence and an alternative count of willful neglect of a child on 8 April, by a Supreme Court judge who considered that all concerned were victims of poverty.
Hon Mr Justice Cato in his verdict acquitted the mother Siulolo Mafi and father ‘Iteni Latu of Fangaloto, at the Nuku'alofa Supreme Court.
"The circumstances of the case are tragic," he said.
The infant, Kalopasi, developed an illness, the symptoms were vomiting, diarrhea and sunken eyes. He became ill on the evening of January 30, 2014 and had been unattended by any doctor until he died sometime after midday on 2 February.
The cause of death was dehydration due to vomiting and diarrhea and poor intake of fluid, in the evidence given by Dr ‘Aho, the pediatrician at Vaiola Hospital, who was of the opinion that had the child been brought to the hospital earlier, he could have received liquids, been treated and his death avoided.
The Crown’s case was that both accused had grossly neglected their child over this period rendering them liable to an offence of manslaughter by negligence or in the alternative had both been guilty of willful neglect by not seeking medical assistance or taking the child to the hospital.
Evidence
Mr Justice Cato believed the parents from January 30 to February 2, 2014 had no money and no means to pay anybody such as a taxi to drive them to the hospital.
"In fact these people were practically destitute of means at the relevant time and had four children to attempt to feed also."
The evidence by the doctor was that the mother had informed him that the baby had been vomiting and had diarrhea on 30 March. He did not take solid food but preferred to drink milo and water.
The doctor said the mother had stopped breast-feeding and had given the baby milo as a substitute. He considered that the child was inappropriately fed as he had condensed milk, milo, and chicken, which was not appropriate at the time of illness. "What was required was rehydration fluid," he said.
The mother’s sister then said to bring the baby over in the evening thinking he was possessed of demons and suggesting applying nonu leaves.
On 2 February, the baby’s breathing slowed down so the aunt asked a pastor to come and pray for the child with a view of taking him to the hospital in his car. The pastor came and applied oil saying the baby had gone to sleep and this was about 2:00pm.
In the doctor's evidence he was told that they thought of taking the baby to hospital but there was no vehicle, no money and no phone. He suggested they could have gone by hitch hiking.
The Crown was critical of the father for not taking other steps to get a car and going fishing as according to the mother of the baby was displaying illness. He had returned from fishing to find the child had died.
Poor living conditions
Mr Justice Cato said he understands well why the doctor expressed the view that he was an advocate for the child and his frustration at the child’s death and the lack of appropriate response.
"This infant’s death was clearly avoidable. However, I consider that all concerned, the baby and his parents were victims of poverty, and the parents perhaps lacking also in education and awareness of the child’s acute needs."
His feeding had been disrupted by a shortage of breast milk and the substitution of inadequate liquids instead of baby formula, which in Tonga is expensive and he lost weight. An inadequate diet or hygiene may have caused his stomach ailment and the vomit, diarrhea, and crying which followed.
“These are the factors that bear upon the poor living conditions in which this baby was cared for. Both parents in my view, did not willfully neglect or abandon their child but sought vehicle and money and assistance from the extended family, which was not forthcoming.”
He said, in the absence of the means to take the infant to the hospital they provided Tongan medicine and at the end, the aunt turned for spiritual help.
"Perhaps, they may have done more over the three-day period but taking into account their lack of means it is not clear to me, on the evidence I have heard, what more they could have done.This case as I said at the start of my judgment is very sad and tragic. Feeding had been poor and the doctor suggested living conditions had also been poor."
Both Mafi and Latu were unrepresented during the trial.