'Dead scared' others will be missed: Malachi Subecz family say his voice will be heard when changes are made

Thursday, 1 December 2022

Minister for Children Kelvin Davis says the Government will investigate actioning all recommendations of the review into the care and death of 5-year-old Malachi Subecz, who he says was failed by multiple agencies before his murder.

He called him “Pop” and died in his arms, and now Malachi Subecz’s uncle is “dead scared” other kids will suffer if the Government doesn't commit to fixing a broken system.

“It’s all very good people writing reports left, right and centre, but they actually have to deal with it,” Subecz’s uncle Peter Menzies told Stuff.

“I’m dead scared things are going to be missed. There are too many holes, too many situations where people just wipe their hands of it and pass it on to the next agency.

“We got shut down all over the place, and look what happened. If this doesn’t get put into place, it’s not right. There needs to be urgency.”

Malachi Subecz, 5, died in Starship Hospital on November 12, 2021.

Dame Karen Poutasi delivered a damning review into how Government agencies failed to act to protect five-year-old Malachi from the months of horrific torture and abuse and eventual murder at the hands of his caregiver, Michaela Barriball.

She identified five “critical gaps” in the system which had rendered Subecz an “invisible child,” and made 14 recommendations on how to fix these. Her key recommendations included making child abuse reporting mandatory for all children’s services and agencies, and Oranga Tamariki vetting and providing ongoing support to caregivers for children where sole parents were being jailed.

Children’s Minister Kelvin Davis accepted nine recommendations and “committed to look carefully” at the following five, which included the mandatory reporting and caregiver vetting and support.

Minister for Children Kelvin Davis speaks to media following a review into the death of Malachi Subecz. Ministers Andrew Little and Jan Tinetti also attended the press conference.

The recommendations should be reviewed in a year’s time by the Independent Children’s Monitor.

Malachi’s Wellington-based family say they welcome Poutasi’s report, but will believe the Government cares when action on all recommendations is taken.

“Once these changes have been made, and legislative changes have been made, then we will know Malachi’s voice will have been really heard,” Aunty Helen Menzies said.

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

“We as a family are fighting to get these changes made for future children.”

In her report, Poutasi reviewed 33 other reports written into child abuse in the past 30 years. She identified reports into the murders of seven children by their carers where there were similar circumstances and gaps, including Riri-o-te-Rangi (James) Whakaruru, Saliel and Olympia Aplin, Coral-Ellen Burrows, Nia Glassie, Moko Rangitoheriri and Leon Michael Jayet-Cole.

Menzies felt Davis had called for this latest review because he had been “backed into a corner” and didn’t have faith he would follow through.

“He’ll make all the changes that can be done pretty much now, and all the other ones won’t get done and then there will be another review and the one we did will get added as number 34,” she said.

“The fact there’s been no change out of all those reviews? It’s time to stand up and act, not just talk. The time is now. Two out of the three [Oranga Tamariki] staff left of their own accord and [Davis] won’t comment on the other one… who else is he going to be making accountable?

“This abuse needs to stop. Everyone should be – the agencies, the community, and family – reporting something when they see it’s not right. Report it, don’t just say ‘She’ll be right’.

Five year old Malachi Subecz was killed while his mother was in prison. His Uncle Peter, known as Pop, and Helen Menzies say mistakes were made by Oranga Tamariki and the police.

“I don’t want anyone else to go through what Malachi and all these past children have gone through.”

Malachi was a “smiley child” and there would have been some indication he wasn’t alright, Menzies said.

“It made me sad for him because nobody was actually listening, they saw him, but they didn’t see him. I can imagine what he would have looked like when she was hurting him. Listen to the kid, and listen to what they’re not saying as much as what they are saying.”

Malachi died in his uncle Peter Menzies arms in Starship Hospital on November 12, 2021, after suffering months of abuse at the hands of Barriball. His mother entrusted him in her care when she was jailed on June 22, 2021.

Six other internal reviews from Oranga Tamariki, police, corrections, education, health, and the ministry of social development contributed to Poutasi’s overall review.

The family say they are “disappointed” at the police review, which doesn’t address why police didn't alert Oranga Tamariki to Malachi’s existence when his mother was charged with serious crimes, or take any steps to ensure his safety when she was jailed.

The family still strongly believe other individuals need to be charged in relation to Malachi’s murder.

Police have been approached for comment.

At the request of the coroner, police are now conducting a separate review of the placement of Malachi with Barriball, and the agencies who had involvement with Malachi.

For now, the family are preparing for their second Christmas without Malachi.

“I miss his conversations, he loved dinosaurs and trucks and had opinions on things. Some 5-year-olds are only interested in when the next lollipops arrive, and can I have children nuggets for dinner, but he was far more articulate than that,” Peter Menzies said.

“What do I miss? He was warm and cuddly and comforting and happy.

“I miss his being here.”