Babysitter linked to toddler's death may never face trial

Parents Benedict and Margie Daleon mourn at the funeral for their daughter Bea in 2012.

A coroner has ruled that a 2-year-old died from head injuries suffered while in the care of a babysitter.

But the babysitter may never face a criminal trial over the death of toddler Bea Marguerita Daleon in 2012 as she has gone overseas.

New Zealand has no extradition agreement with the Philippines, where the woman, named by police as Karen Nenite De Luna, is now believed to live.

Bea, known to her family as Mague, lived with her Fillipino dairy farm worker parents at a rural Invercargill property.

On April 16, 2012, Mague was at her parents' home in the care of De Luna when she became ill. She died at Southland Hospital four days later.

Detective Senior Sergeant Stuart Harvey said today that police had a warrant to arrest De Luna for murder after laying charges in December 2016.

She left the country within a few months of the incident.

Harvey said police were last in contact with De Luna in July 2016 and are taking measures to get her to return to New Zealand.

But coroner Brigitte Windley said in findings released today that "with the accused now residing in a country that has no extradition treaty with New Zealand ... the criminal allegation against the accused may never be tested and determined by the court".

Bea Marguerita Daleon, known to her family as Mague, lived with her Fillipino dairy farm worker parents at a rural Invercargill property and was at her parents' home in the care of Karen Nenite De Luna when she became ill on April 16, 2012. She died at Southland Hospital four days later. Photo / Facebook

In November 2015, coroner David Crerar adjourned the inquiry into Mague's death on advice from police that there was a possibility of criminal charges and the potential prejudice that could result if the inquiry was to proceed.

Windley described it as an "unusual case" and said police had alleged Mague's death amounted to "serious criminal offending by the accused".

"Ordinarily, such an allegation would be tested and determined in a criminal proceeding and upon final conclusion, the coronial inquiry would then resume."

But the case could not be held in abeyance pending a criminal trial "that may never eventuate".

Windley made her findings based on evidence before her but said there was scope for a new inquiry should new facts be discovered.

"Mague's death occurred in non-accidental circumstances while she was under the care of her babysitter," Windley said.