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Family members and some jurors wept in court yesterday as a South Auckland mother and her partner were found guilty of the manslaughter of her 3-year-old son.
A jury in the High Court at Auckland found Maine Ngati, 32, and her partner, Teusila Faasisila, 27, not guilty of murder but guilty of the manslaughter of Ngati's son early last year.
The Otara couple, who lost name suppression once the verdicts were delivered, were also found guilty of wilful ill-treatment and of a separate charge of manslaughter for failing to seek quickly enough medical care which could have saved the boy's life.
Some of the jury of seven women and five men had tears on their faces as they returned after deliberating for 4 1/2 hours on a three-week case which Justice Graham Lang said must have been a harrowing experience for them.
Many of a family contingent of about 25 adults and children, mostly connected to Ngati, were crying and waved to her as she was led in tears into custody.
Faasisila displayed little emotion as the verdicts were read.
Detective Senior Sergeant Richard Middleton of Counties Manukau police, who led the investigation, said he was pleased with the decisions even though the verdict was not murder.
"It accurately reflects the evidence and [the jury] took their time over it."
Mr Middleton said the emotions involved with the case were difficult and he was pleased it was over.
"No one who's been involved in this case can ever be unaffected by it.
"Nobody was in court today to represent [the dead boy] and that's wrong."
He said he didn't want to get into a debate on legislation to repeal Section 59 of the Crimes Act, which currently allows parents to use reasonable force to correct children.
"But what I will say is keep your hands off your kids. Don't hit them. It's not on. There's no need for it."
Family members did not wish to talk to reporters after the verdicts, and Ngati's lawyer, John Rowan, QC, said it would be inappropriate to comment before sentencing.
The boy died on February 1 last year in the Starship children's hospital in Auckland after being taken from his home the day before unconscious and covered in bruises, with a particularly swollen left arm.
He had been in his mother's care for less than three months, was unable to speak much English and had constant problems with bedwetting and soiling his pants.
Crown prosecutors Ross Burns and Claire Ryan said the child died due to extensive soft tissue injury caused by beatings he received because of his toilet training problems.
They also alleged that Ngati and Faasisila did not seek medical treatment which could have saved his life because they feared the bruises on the boy would implicate them.
Defence lawyers argued the forensic evidence did not show that he was beaten with any of the implements produced by the Crown as exhibits.
Mr Rowan also said jurors should accept the view of pathologist James Ferris, who testified that he thought the boy died of a brain haemorrhage of unknown origins he received between five and 10 days before he died, outside the time frame when the Crown alleged he was killed.
Mr Middleton said he was particularly disappointed at the use of Dr Ferris' argument.
The pair will stay in custody until sentencing next month.
- NZPA
