Ros Bates meets with Hemi's Parents PLUS The family's and Jakob's Voice letters, yet unanswered

There have been many #jakobsvoice emails sent out along with the families, we now hope that something will start to happen now that the opposition is joining with Kez, Shane, #JusticeforHemi, Jakob's Voice (Jakob Oakey), #ActForMason #JusticeforEvie and so many others wanting systemic changes. We are now able to release our full letter as Hemi's parents have made the letter they wrote known publicly via Justice for Hemi. We release their's first: Thursday, 12th August 2017 Hon Y'vette D'ath MP Attorney General and Minister for Justice and Minister for Training and skills GPO Box 149 BRISBANE QLD 4001 Dear Minister, We write on behalf of our deceased child, Hemi Les Goodwin-Burke. We, Ms Kerri-Ann Goodwin and Mr Shane Burke parents of Hemi, would like to bring to your attention, some of the facts that we are aware of and why we believe the case was inadequately handled. Firstly, we would like to direct your attention to "the video walk through", which is in the hands of the DPP. This video has the perpetrator walking the 2 detectives through our home and admits to and also describes the abuse he inflicted on Hemi. Whether or not we went for Murder or Manslaughter, the evidence and his admissions could have been used to the fullest extent of the law. The perpetrator, has admitted to the following and these are in his own words. 1 - Kicking Hemi like a football, as he walked down our hallway into the lounge room.(ruptured organs) 2- Kicking Hemi from a seated position so hard, that Hemi flew across the room and landed in a pile of toys. 3- Picking Hemi up by the throat. 4- Pushing down on Hemi while in his cot. Twice, once on the chest and once on his belly so hard, that Hemi defecated himself (ruptured internal organs). 5- Perpetrator picked Hemi up around the chest and squeezed Hemi liked a coke can hard enough to leave instantaneous brusing. Hemi had 78 bruises, broken rib, rupturted internal organs, very large fracture to the back of his skull, subdural haematoma and a severed brain stem. ( Hemi had bleeding in his eyes, although not admitted to by the perpetrator, we believe that he also shook Hemi. This injury to Hemi could have been pursued further than it was). All of these injuries that were inflicted on Hemi by Matthew James Ireland have been admitted to by Ireland to the Police on the video. This abuse was covered in the torture charge laid by the police and dismissed by the DPP, dated 27/3/2015. Again this information could have been used to seek a harsher punishment. As we have not spoken of the killer blow yet, we would like to direct your attention to other assaults committed on that day, the 25/03/2015 at 5 Macarthur Street, Moranbah Queensland 4744. Not only was Hemi assaulted at this time, our daughter was also assaulted and no chargers were laid. We were told by the Police that Murder was a lock and they did not want to put anymore stress on our daughter. Although the Police position is understandable this too could have been used and should have been used to the fullest extent of the law. The fact that our son Hemi has received "Little Justice", our daughter has received "NO Justice" is simply appalling. There was also a assault charge laid by a member of the community on this child killer that same night. We are not privy to information on this assault, or why this charge was dropped. But it does cast further light on the character/intent of the perpetrator on the night Hemi was killed. Something else that occurred during that day/night, was the perpetrator went and purchased alcohol four times and we know that the children were not with him on at least 2 of the 4 occasions. Q1 - How did the perpetrator get to the shops? Q2 - Was he drink driving? Q3- Where were the children during this time? Q4- Why were these facts not used to pursue a tougher punishment, a punishment that better reflects the communitys' expectations on matters of killing children. After beating our child Hemi all day, the final blow was implemented. The killer pulled our son by his left leg so hard that he severed his brain stem. The autopsy shows that the force needed to cause this injury was severe, the same force you would see in a car accident. Please look at Hemi's case and watch what we have watched and answer us just one question. After you know what we know, do you believe that this sentence is adequate? Please, don't just refer us to the "Sentencing Advisory Council". We will be providing any and all information that may help the sentencing advisory council in their investigations. We have emailed multiple times and so far have received no personal response from yourself. Please refer to the above question. Take the time to looked into Hemi's case and answer us that one question. We looked forward to your reply. Regards Kerri-Ann & Shane NEVER ANSWERED BY ANY POLITITION: 1 September 2017 Katherine Oakey Coordinator Dr Linda Shallcross Assistant Coordinator jakobsvoice@gmail.com Yvette D'Arth MP Minister for Justice attorney@ministerial.qld.gov.au Copy sent to: Kerri-Anne Goodwin and Shane Burke Dear Minister, RE Hemi Goodwin Burke Jakob's Voice on behalf of the parents of Hemi Goodwin-Burke.  Please carbon copy Kerri-Anna Goodwin and Shane Burke into your response. As you are no doubt aware, Jakob's Voice is assisting Shane Bourke and Kerri-Anne Goodwin to petition yourself, as the Minister for Justice, in relation to the inappropriate sentence that their child's killer received in Qld earlier this year. Jakob's Voice acts as a family advocate for parents and families when children have been let down by government systems.  We also work to ensure that no child is forgotten when their life is tragically ended and, when such tragedy occurs, that their life leaves a lasting legacy so any mistakes that contributed to failing that child is not repeated.  It is in this capacity that we are deeply concerned about the way this family has been has been outrageously failed by the Qld Justice System in the wake of their child's death. We understand that Ms Goodwin and Mr Burke have garnered support from Julianne Gilbert MP,  Jim Pierce MP and George Christersen MP regarding the weak and, frankly, insulting sentence that little Hemi's killer was given.  Our agency stands with these voices in asking 'what went wrong?' in this process for Hemi, his parents, family, friends and our community. Hemi was the most vulnerable of victims at the age of only 18 months.  I understand, and believe, that Hemi's parents have been informed that the prosecution had knowledge prior to sentencing that their son was battered by a full grown man mercilessly for around 10 hours and not the 2 hour period that the Court was lead to believe.  We draw your attention to Mr Burke's email to you of 31 August 2017 which states "The information we have is that Hemi was beaten over a 10 hour period prior to his death. We have learnt this after watching a video of the detectives and the perpetrator walking through our home stating when and where he inflicted the various injurys subsequently found on Hemi's body" in relation to the amount of time spent by the offender abusing this baby.   This baby had no chance of survival against this discription of ongoing and brutal assault by an adult.  At any stage this man could have ceased his attack on Hemi but chose not to.  As a matter of fact, he continued his abuse of this baby and further attacked another young child who was entrusted to him by the loving and protective parents of these children. Jakob's Voice has been informed by Mr Burke and Ms Goodwin that during their search for justice for their son that they  literally had doors slammed in their faces, were refused information, had no say in the process and/or what little natural justice they were afforded was complete ignored and were not so much as able to give victim impact statements that were uncensored.  Try as these parent's did, their daughter was also failed and completely denied any justice by the Qld DPP despite the fact that child abuse is the most heinous and serious of crimes.  These parents and their children are victims of the worst crimes imaginable and they were further victimised by being silenced in the prosecutorial process. We are deeply concerned that the value of a precious life may have been completely dismissed as insignificant with statements made by the prosecution to the parents that implied that murder charges would not be pursued due to cost.  I am sure that you would agree that if proper justice was not sought in this matter due to budget, there has been a grave travesty within your department that is the responsibility of the minister to correct immediately.  According to the Qld Government Website murder is defined as "the wilful killing of a person either intentionally or with reckless indifference to life" (my emphasis) or in other words "If the death is caused by means of an act done in the prosecution of an unlawful purpose and the act is of a nature likely to endanger human life".  In the case that a baby has been tortured and beaten over a 10 hour period which has resulted in death, there must be a point where the offender thought to himself "if I continue, this will cause the loss of life to this child" yet he continued none-the-less with "reckless indifference" to Hemi's life.  Under Section 302(1)(a)  the fault element is an intention to kill or to inflict grievous bodily harm.   Under section 320 grievous bodily harm can be "any bodily injury that if left untreated, would endanger or be likely to endanger or be likely to endanger life or cause, or be likely to cause permanent injury to health". There can be not doubt in Hemi's case that there was the intention to inflict and actual infliction of  grievous bodily harm to Hemi when he was kicked, punched, pushed and possibly throttled as he was picked up by the neck and there is no doubt that these acts were "likely to endanger human life". Under section 320(a) torture is defined as the intentional infliction of severe pain or suffering on a person by an act or series of acts done on one or more than one occasion. Pain and suffering includes; physical, mental, psychological or emotional pain or suffering, whether temporary or permanent.  There can be no doubt in the case of little Hemi Goodwin-Burke that this baby was tortured which, as you are aware, was part of the initial charges against the offender who killed Hemi. The offender who killed Hemi was initially charged with murder and torture which our agency along with our members and those of the 'Justice for Hemi' group (collectively around 5000) believe were appropriate charges given the circumstances of this case. These charges were downgraded against the living victims' wishes and without, seemingly, any forethought to the consequences to Hemi's family, friends, community or child abuse offenders now or in the future given the precedent that the sentencing has set.   We highly doubt that any member of the Australian and/or Qld public (not associated with our communities) would argue that the punishment does not reflect the crime in the case of Hemi Goodwin-Burke.  Manslaughter is when there is an element of the offence of murder is lacking ie  the accused did not intended to kill the deceased or to do the deceased any particular harm.  In Hemi's case any reasonable person would believe that the offender intended to gravely harm Hemi given the actions of the offender leading up to the child's ultimate death over an extended period of time. It is hard to see in this case how both Qld Police and DPP made remarks to Hemi's parents to the effect of "Some time is better than no time" over such brutality causing the death of a vulnerable baby can possibly assist or comfort a deeply bereaved couple.  In any event the maximum sentence for manslaughter is 25 years which is still a far cry from the 9 years that Hemi's killer received particularly when the offender will only have to serve around 1/3 of that time. For some unknown reason to Hemi's parents, the prosecution sought a lighter sentence for the offender than even the defence offered to concede to.  Again, absolutely no explanation was given to the immediate family members of the baby despite constant requests for answers.  Given the completely inadequate sentencing for Hemi that was proposed by the Qld DPP and the complete failure to prosecute the child abuse and torture in his sister's case,  Jakob's Voice can not imagine a single reason why the Qld DPP would have refused a harsher sentence for the torture and killing of Hemi. Jakob's Voice and our associate agencies feel that every child who has been abused has the right to an appropriate sentence being given to such callous offenders for their pain and suffering.  Both Hemi and his sister (who, for no reason that has been given) have been denied such justice Jakob's Voice echos the questions asked of you by George Christensen MP in his letter to your office dated 3rd of August 2017 and request a prompt response: 1. Why wasn't the offender tried with murder as the family fought so hard for the DPP to do and particularly given the circumstances of Hemi's torture and subsequent death? 2. Was the refusal to proceed with murder charges based on a monetary decision or resources? 3. Why was the maximum sentence for manslaughter not sought despite the downgraded charges? 4. Were all due procedures followed? In addition to these questions we have some of our own and on behalf of Jakob's Voice, the community and the parents of Hemi Goodwin-Burke who have given us their expressed consent to ask these questions on their behalf: 5. If funding or resources are the issue what are you going to do immediately to correct these problems? 6. If all procedures were not followed, why not and what will you be doing to ensure such procedures are followed in the future? 7. Why was the Court not informed by the Qld DPP that Hemi was abused and battered for 10 hours as the police evidence tapes show?  8. why did the Qld DPP minimise the time frame and the abuse that was inflicted over an extended to a 2 hour period despite the objections of the parents in the first instance? 9. Why have Ms Goodwin and Mr Burke never been given an explanation as to why the Qld CPP did not use accurate information about the abuse of Hemi during the sentencing phase? 10. Why did the prosecutor seek a lessor sentence than the defence in Hemi's case? 11. Is the seeking of a lessor sentence than that of the defending barrister in the case of a vulnerable baby who has been tortured and killed a standard practice for the Qld DPP? 12. Does your office who heads Justice in Qld feel that this decision by the Qld DPP is acceptable particularly in the case of a baby who has died in such a horrifying circumstance? 13. Why is***NAME*** Burke not worth seeking justice for to the Qld DPP or your office?  Why is another child who was also abused, tortured and witnessed the killing of a baby not given the time and effort to pursue her offender on her behalf? 14. What message do you believe such a sentence under such circumstance tells society about the way the government cares for our children? 15. What message do you believe such a sentence under such circumstance tells child abuse offenders? 16. Would this 'justice' be ok if it were your child or a child you loved who was abused and/or killed in the way Hemi and his sister were? 17. What are you going to do TODAY and in the near future to correct this failing for this family and for future children who are victims of child abuse and murder? We further request that you give a comprehensive and immediate response to Mr Burke regarding his questions emailed to you dated 31 August 2017.  Which include but are not limited to: 18. Have looked into Hemi's case? 19. Do you agree that it was appropriate for the DPP to refuse to prosecute the torture charge? 20 . Why were the torture charge not followed through? 21. Why did the DPP not try to prove intent for the murder charge? 22. Was it because central Queenslands DPP are swamped with cases and they simply didnt have the time or resources to take this to trial? 23. Why wasn't another form of murder charge used? Such as reckless murder or unlawful killing? 24. do you believe in Hemi's case the right sentence was handed down? 25. Why were other laws not used to ensure that parole was not an option in Hemi's case? It is not too late for your office to insist that the offender serve his whole sentence of 9 years.  It is not too late for your department to seek further charges of Grievous Bodily Harm and Torture and any other offences against this offender for the abuse he inflicted on Te Wera Burke who was only 3 years old and a vulnerable toddler who also witnessed her baby brother was killed and seek maximum penalties and for the sentences to run cumulatively.  In our understanding, where a court sentences an offender for more than one offence, or sentences an offender serving an existing sentence the sentence must be “just and appropriate” to the totality of the offending behaviour.  Given that Hemi lost the potential of around 80 or more years of life following torture (under the legal defintion) and that ***NAME*** must live with witnessing such horror as her brother's demise as well as her own torture, we do not believe that any cumulatively run sentence would not be "just and appropriate".  Let us not forget that the crimes against the Goodwin-Burke children  are of the most heinous and against the most vulnerable (a baby and a toddler). 26.  Will you make an undertaking that you will pursue justice for Hemi's sister and have your department prosecute her case to the fullest extent under the law for every wrong that was done to her? We finally note that Mr Burke's mother, Lyn Burke, wrote to you on 12 June 2017 while there was still time for you to seek an appeal through your department, however you did not respond until 30 August, long after the time limit for appeal in this matter had expired.  We expect a response to our email within 21 days and appropriate and lawful action to ensure that justice is given proper attention to at least one of the Goodwin-Burke children without any further delay. Please respond to our queries in numerical order. Yours sincerely, Ms Katherine Oakey   Coordinator Dr Linda Shallcross Phd Assistant Coordinator NB: you will note that Jakob's Voice has never named the offender.  We believe the focus should be on the victims in any case that we research or advocate for.