You've suffered enough, judge tells parents of dead child

David and Cathy Tribble refused to become bitter during the court proceedings that followed the death of Caleb. Picture / Michael Cunningham

Now, finally, David and Cathy Tribble can start thinking about Christmas.

Until yesterday morning, the Tribbles really feared they might spend the festive season in prison.

They were convicted in the High Court at Whangarei last month of failing to provide medical care for their sick baby boy Caleb, who died in December 2003 of an undiagnosed kidney complaint.

The prosecution had described the Tribbles, who were acquitted of the primary charge of manslaughter, as insular Christians who "cruelly" refused to take the baby to the doctor because they believed God would heal.

But when they stood, tearful and shaking, to hear Justice Geoffrey Venning deliver their sentence, the Tribbles heard the words which ended two years of misery and self-doubt.

"You are convicted and discharged. You may stand down," Justice Venning said, as the 40 supporters in the back of the courtroom smiled, wept, clasped hands. Even security staff were crying. The Tribbles could only stare at the judge in wide-eyed relief.

Justice Venning said he accepted the Tribbles had no idea that Caleb was suffering anything more than a tummy bug, and declined the Crown request to sentence them to community work.

"You have already suffered a great deal over the last two years. During the course of the trial, both you, your family, your lifestyle and faith have been subjected to intense personal scrutiny," the judge said.

"I accept that the reason you did not seek medical attention [for Caleb] was because you believed, or perhaps hoped, that he was getting better.

"Your faith and your beliefs did not prevent you from seeking medical help. In spite of the impression some may have, you are not religious fanatics or members of some extreme sect or cult.

"My assessment is you are simple people who try to live your lives by Christian values. You seek guidance from the Bible in doing that, and there is nothing wrong with that."

He added that the past two years were sufficient punishment for their "error of judgment" in failing to take Caleb to hospital.

After hugging and thanking everyone in the court, the Tribbles took the 45-minute journey to their forest-edge home at Pakotai, northeast of Whangarei, to embrace their eight children and think about Christmas - which also happens to be the first birthday of baby Elizabeth.

David Tribble said the trial had tested their faith in God, and he did not know what he believed any more - but he praised the very police and justice system which took him to court.

"I think justice does work. I did have some doubts through the trial, but justice does work at the end of the day. The police are, in this country from my experience now, very very good, and I hold them in very high regard."

He said he had been tempted to become bitter when, during the trial, they were forced to spend hours in the cells beneath the courthouse.

"But when I started bellyaching about it, I could see that could have an effect on my son [Israel, 11]. I don't want him going into life alienated against the system, otherwise he would end up in a place like that, because all those people who are in the cells were alienated against the system. It's a vicious circle and it's not one I want these children to get into."

Cathy Tribble said her confidence as a mother had been shaken, and she would never again under-react to a sick baby.

"We left our eight children this morning not knowing when we were going to see them again, and [the discharge] is a huge relief. This has certainly made us more aware that circumstances aren't always as they seem, and every situation we have to look at it more open-minded than maybe we did. We were very confident in our ability as parents, through experience, and maybe that has been shaken to a considerable degree."

Has anything good come out of all this pain?

"Most definitely," Cathy Tribble said, looking at her husband.

"You can either get bitter or you can get better."