Solved Daniel Valerio - a tragic symbol of the system that is still failing our children

[_Mike_]

For those of you who dont know or had forgotten

He was Australia’s own Baby Peter two decades before the little British boy was even born but his terrible plight – his suffering and his horrific death – changed the laws in Australia regarding the reporting of suspected child abuse. The tiny injured face of little Daniel Valerio impacts on your soul and conscience just as devastatingly as it did when this photograph, taken by police, was first published after his violent death at the hands of his mother’s boyfriend in 1990

This photograph was taken by police following ‘an incident’ reported by the child’s mother, Cheryle Butcher. Prior to Daniel’s death laws in the state of Victoria did not require doctors, teachers, etc, to report suspected child abuse – Daniel was seen by no fewer than twenty-one health workers in the months before his death and yet nobody did or said anything to save him. Daniel’s own brother Ben, who was only four years of age, repeatedly told adults about Aiton’s abuse. of them Just days before the child’s death police visited the house and saw both brothers bruised and battered – the brother went and fetched the stick Aiton had used on him and Daniel to prove what Aiton was doing. This child was four years old and trying to get the attention and help they needed; the police instead believed Aiton’s claims that the brother’s injuries were from playing and being ‘smacked by their mother’. Just days later Daniel was dead. Daniel was left by his mother in the ‘care’ of boyfriend, Paul Leslie Aiton, for a few hours and in that time Daniel’s body was beaten to a pulp by the 190kg thug. His internal organs were crushed from severe blows to his body – the coroner stated his injuries resembled those of a high impact car crash victim. The child had suffered a litany of abuse for months, details of which are so distressing I will leave it to yourself to follow the link and read for yourself. It makes me sick to read about it even after twenty years…

http://www.heraldsun.com.au/news/vi...reedom-from-jail/story-e6frf7kx-1225921404411


Paul Leslie Aiton was granted parole in 2011 for this horrendous crime and still shows no remorse for the murder of Daniel.
http://www.heraldsun.com.au/news/vi...t-locals-furious/story-e6frf7l6-1225987478404

Recently a few months back, a royal commission was started into the systematic abuse of children in Australia. After the sad death of poor Daniel, it is evident that after 20+ years, things have not improved for the plight of defenseless children stuck in harrowing conditions.

http://www.abc.net.au/news/2012-11-12/gillard-launches-royal-commission-into-child-abuse/4367364


Whats worse about Daniel's case is that his killer now walks free, If there is a Kharma , that mongrel deserves it ten fold

 

[Herne Hill Hammer]

Paul McMaster is another one who caused laws to be changed in regards to killing children. Cody's Law.

This dog struts around the prison unit like he's big king cocky shit and even had the nerve to have a picture of Cody on his cell wall which was promptly ripped off by another officer.

He's an absolute maggot.

 

[Hodgepodge]

Pretty sure it was 1993.

 

[Hard_to_Beat]

Some very, very dark thoughts enter my mind when I think about what that lowlife cnut did to that little boy.

Paul McMaster is another one who caused laws to be changed in regards to killing children. Cody's Law.

This dog struts around the prison unit like he's big king cocky shit and even had the nerve to have a picture of Cody on his cell wall which was promptly ripped off by another officer.

He's an absolute maggot.

Mainstream?!

 

[Doss]

Pretty sure it was 1993.

He died in September 1990, at the age of two.

I was two in September 1990 as well, and I found it years later than my mother was extremely affected by it as a result. She even kept articles about it taped to the inside of her closet for years after; I remember as a little tacker, asking mum why there was a newspaper article of a little boy on her cupboard, and remember her being reluctant to explain because the details were so horrific.

Even reading about it now is pretty hard.

If there are two things I can't hack above nearly all else, it's violence against children and animals.

 

[Hard_to_Beat]

Apparently this cnut found it humorous to make the kid stand with his legs spread and arms above his head and kick the kid to see how high he could make him jump.

Sick twisted ****

I hope I never meet this man.

 

[Hodgepodge]

He died in September 1990, at the age of two..

Okay, maybe the discussion about mandatory reporting was being had in 1993 and I have the two confused.

Apparently this cnut found it humorous to make the kid stand with his legs spread and arms above his head and kick the kid to see how high he could make him jump.

That's not so bad.

Sick twisted ****

I hope I never meet this man.

Same here, should have to declare himself to the community, like a paedophile.

 

[Doss]

Apparently this cnut found it humorous to make the kid stand with his legs spread and arms above his head and kick the kid to see how high he could make him jump.

Sick twisted ****

I hope I never meet this man.

Yeah, that's just *****d.

I am far from a sympathiser for vigilantism, but it's not hard to see how his types often end up getting knocked off. You don't feel like the world's losing much for their absence, that's for sure.

 

[Herne Hill Hammer]

Some very, very dark thoughts enter my mind when I think about what that lowlife cnut did to that little boy.



Mainstream?!

no way, he's with other model humans like Sharpe and Dupas in protection.

 

[Grizzly_82]

no way, he's with other model humans like Sharpe and Dupas in protection.

I'm really really having a hard time agreeing with protection... I just don't think that helps punish the scums for their sick crimes .

 

[half_back_flank]

The day after killing Daniel, he proposed to the dead toddler's mother. She agreed to marry him, and did so three months later.

This can't be real.

How the **** could you do that?

 

[_Mike_]

This can't be real.

How the **** could you do that?

Its real, she did marry the maggot. She too should have been thrown in jail. She was just as guilty as that ncut and got away scott free


Here is an update from 2010 on Daniel's older brother Ben, who tried so hard to get help for his little brother Daniel

http://www.theage.com.au/national/d...-life-despite-cruel-start-20100920-15jqw.html

I feel for Ben, being so helpless to stop the situation will haunt him forever

 

[CAS79]

Its real, she did marry the maggot. She too should have been thrown in jail. She was just as guilty as that ncut and got away scott free

Just from an academic standpoint, what charges would have been the correct one's and subsequent sentence do you think would have been appropriate?

 

[_Mike_]

Just from an academic standpoint, what charges would have been the correct one's and subsequent sentence do you think would have been appropriate?

Ok, emotions aside and looking from an impartial viewpoint (these sort of cases always make my blood boil) the mother failed to protect the welfare of the child at stake, was clearly aware of the maltreatment at the hands of her then boyfreind.


Under the Child Protection Act 1989,
Division 2 Children in need of Protection, section 63 part C

http://www.findandconnect.gov.au/vic/objects/pdfs/1989 Children and Young Persons Act.pdf

"The child has suffered, or is likely to suffer, significant harm
as a result of physical injury and the child's parents have
not protected, or are unlikely to protect, the child from
harm of that type"
Part 5 - Miscellaneous
PART 5 MISCELLANEOUS

Offence to fail to protect child from harm
Section 261.
(1) A person who has a duty of care in respect of a child-

(b) who intentionally fails to take action that has resulted, or
appears likely to result, in the child‘s physical development
or health being significantly harmed
-
is guilty of an offence and liable to a penalty of not more than 50
penalty units or to imprisonment for a term of not more than 12 monhs.

Whilst the penalty then was a maximum of 12 months jail, she failed the Protection of Children act as stated above, for failing to protect Daniel from Aiton's physical harm action that resulted in the death of Daniel

 

[Herne Hill Hammer]

I remember that photo, I was in my early 20s living in Geelong, as someone of that age who didn't really care about most thinks affecting other people, it was a horribly sad photo.

20+ years down the track and as a father of 2 young children it's even sadder. How a grown human can do that to a defenceless young child is beyond me, unfortunately there's plenty of it goes on.

 

[Illinois Nazi]

Unfortunately it still goes on

The betrayal of Baby Jane Doe

 

[CAS79]

Ok, emotions aside and looking from an impartial viewpoint (these sort of cases always make my blood boil) the mother failed to protect the welfare of the child at stake, was clearly aware of the maltreatment at the hands of her then boyfreind.


Under the Child Protection Act 1989,
Division 2 Children in need of Protection, section 63 part C

http://www.findandconnect.gov.au/vic/objects/pdfs/1989 Children and Young Persons Act.pdf

"The child has suffered, or is likely to suffer, significant harm
as a result of physical injury and the child's parents have
not protected, or are unlikely to protect, the child from
harm of that type"
Part 5 - Miscellaneous
PART 5 MISCELLANEOUS

Offence to fail to protect child from harm
Section 261.
(1) A person who has a duty of care in respect of a child-

(b) who intentionally fails to take action that has resulted, or
appears likely to result, in the child‘s physical development
or health being significantly harmed
-
is guilty of an offence and liable to a penalty of not more than 50
penalty units or to imprisonment for a term of not more than 12 monhs.

Whilst the penalty then was a maximum of 12 months jail, she failed the Protection of Children act as stated above, for failing to protect Daniel from Aiton's physical harm action that resulted in the death of Daniel

Agree you picked the most appropriate act and your premise that she carry's some guilt for Daniel's death.

But looking at this now from a legal sort of perspective.

The problem prosecutors or any court action would have been with the mother is the visits to doctors and the visit by the police a week or so before the incident resulting in the death. If in court it would be mentioned that police decided there was nothing in it worthy of action, and the professorials had left the situation in limbo than was it beyond reasonable doubt the mother was not trying in her way to protect Daniel?

It would have been a difficult case for what if was a successful prosecution would have resulted in a suspended sentence. I think it would have had a fair chance of a not guilty verdict rightly or wrongly.

She was in no way fit to be a parent though.

 

[Hard_to_Beat]

She was in no way fit to be a parent though.

There's multiple tens of thousands of people like that in this country.

 

[Donners]

Exactly. Idiotic, neglectful and selfish parents are all too common, and they're often the ones with a number of children, often to multiple partners, which only exacerbates the problem.

The reaction of countless mothers, possibly the majority, to being told by a child that daddy/step-daddy/uncle/granddad has been touching them up is either to cover it up or to call them a lying ****.

There are stacks of kids in their early teens out in the early hours of the morning drinking cask wine snd getting themselves into all sorts of danger. Their parents have no control and often couldn't care less.

This story is just one of an endless series of examples of appalling neglect.

 

[Hard_to_Beat]

There are stacks of kids in their early teens out in the early hours of the morning drinking cask wine snd getting themselves into all sorts of danger. Their parents have no control and often couldn't care less.

Then we take those kids, eventually lock them up and the whole cycle of recidivism begins.

It would be better for all concerned if we just didn't allow morons to breed.

 

[_Mike_]

Agree you picked the most appropriate act and your premise that she carry's some guilt for Daniel's death.

But looking at this now from a legal sort of perspective.

The problem prosecutors or any court action would have been with the mother is the visits to doctors and the visit by the police a week or so before the incident resulting in the death. If in court it would be mentioned that police decided there was nothing in it worthy of action, and the professorials had left the situation in limbo than was it beyond reasonable doubt the mother was not trying in her way to protect Daniel?

It would have been a difficult case for what if was a successful prosecution would have resulted in a suspended sentence. I think it would have had a fair chance of a not guilty verdict rightly or wrongly.

She was in no way fit to be a parent though.

I think it would be safe to say with the amount of medical professionals, government officials and police reports involved with the case, the mother in no way could not have successfully argued that she was not aware of the child abuse that was going on. And ignorance is no reasonable excuse.

Due to the flaws with the reporting of child abuse at the time (non existant), it was the system which failed Daniel and let others go unpunished. No child deserves what little Daniel had to endure in his short life.

Yet, it still goes on today, it still happens and there are still children suffering at the hands of abusive carers

 

[CAS79]

I think it would be safe to say with the amount of medical professionals, government officials and police reports involved with the case, the mother in no way could not have successfully argued that she was not aware of the child abuse that was going on. And ignorance is no reasonable excuse.

Due to the flaws with the reporting of child abuse at the time (non existant), it was the system which failed Daniel and let others go unpunished. No child deserves what little Daniel had to endure in his short life.

I think it would be safe to say with the amount of medical professionals, government officials and police reports involved with the case, the mother in no way could not have successfully argued that she was not aware of the child abuse that was going on. And ignorance is no reasonable excuse.

Due to the flaws with the reporting of child abuse at the time (non existant), it was the system which failed Daniel and let others go unpunished. No child deserves what little Daniel had to endure in his short life.

The police report said what though? No action to be taken. Who call the police to the house the week before, was it Cheryle. That proves she knew but it would also show the court she attempted to take action. If someone else made the call than there was a chance.

 

[Angus Young]

so flipping sad..

 

[_Mike_]

The police report said what though? No action to be taken. Who call the police to the house the week before, was it Cheryle. That proves she knew but it would also show the court she attempted to take action. If someone else made the call than there was a chance.

I dont know those particulars and would need to read the case file notes. The problem was that the DHS case worker ignored the pleas of Daniel's older brother Ben and failed to take a deeper look into the allegations and injuries sustained by Daniel.

 

[Andre]

Exactly. Idiotic, neglectful and selfish parents are all too common, and they're often the ones with a number of children, often to multiple partners, which only exacerbates the problem..

Yeah, but dare suggest that the system should be geared away from giving equal money / support to these situations along with married stable two-parent families and you're labelled a throwback to the 1950's. There's (unfortunately) plenty of abuse within all families, but it takes a particularly blinkered (Left) view to ignore that children's best chances occur when they are raised by their parents, where there parents are together and not in the lowest socio-economic groups. Abuse by step-dads/'de-facto' partners occurs at rates higher than the general male raising a kid population. And kids from single parent families show up disproportionately in juvenile (and then adult) crime.


Put a few noses out of joint and shift the encouragement to married working couples to have kids and away from single parent / multiple fathers and over time you'd reduce significantly the number of these cases. Very un-PC, but screw being PC. I'd rather see less of these cases down the track than the continuing willful 'all parents are equal' blindness that helps too many of these cases just keep reoccurring.