Preschooler's killer to be freed

James Whakaruru, aged about 3 years. Photo / Supplied

The man who bashed preschooler James Whakaruru repeatedly until he died will spend Christmas a free man - despite fears he will reoffend.

Ben Haerewa, 32, was jailed for 12 years in August 1999 after being found guilty of James' manslaughter. The boy was just four but had endured several years of brutal beatings at the hands of his mother's partner.

Injuries catalogued included a cut penis, bruising to his forehead, jaw, neck, head, scrotum, feet, arms and shins.

Haerewa was convicted of assaulting James two years before the attack that finally killed him, and the wee boy was seen by many different doctors.

However, an inquiry revealed that a host of social workers failed to act - one urologist deciding James "had been up to no good" when he was admitted with his penis so badly cut he needed an emergency circumcision.

The Parole Board has ruled Haerewa must, by law, be released on December 20 having served nearly his full sentence, Radio New Zealand reported.

However, it warned he was likely to reoffend and expressed grave fears about his risk to the community.

The board attached 11 conditions to Haerewa's release, including that he undertake drug, alcohol and psychological assessments, keep away from gangs and have no contact with anyone aged under 16.

James' family were "troubled" by his release but accepted it was inevitable, the board said.

Former Children's Commissioner Roger McClay told Radio New Zealand the release of Haerewa puts the failings of the system back in the public eye - faults that he said still remain.

"On James Whakaruru's gravestone are the words that 'he was the inspiration for a nation to cherish its children'. I hope that in the next few weeks if this man is released that we recall that and readdress the fact that we want to cherish our children."

Mr McClay said children have the "same rights to be respected with respect and dignity as anyone else".

"The punishments for those who transgress those rights seem to be different when it is children involved than when it is adults involved.

Mr McClay said the abuse of James should have been picked up early, and backed calls for mandatory reporting by health workers of suspected cases of abuse.

"Mandatory reporting would have required that something be done earlier, some intervention that could have saved that little boy's life and he could have had his sixteenth birthday this year and getting on with school and getting on with life."

- NZPA with NZHERALD STAFF