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 Dignity for murdered Ebony: Parents shocked at verdict 

Dignity for murdered Ebony: Parents shocked at verdict

01 Jul, 2009 11:29 AM
A GIRL whose parents were last week convicted of her starvation will be known by her middle name – Ebony – but her sisters have asked that her picture not be published.

“Maintaining her anonymity would perpetuate the abandonment,” Justice Robert Allan Hulme said last Wednesday, before overturning convention and granting a name to the girl who died at Hawks Nest in November 2007.

Since her parents - who still cannot legally be named - were charged with her murder more than 18 months ago, a law unique to NSW has prevented the seven-year-old being identified.

But Supreme Court Justice Hulme decided she should be known as something other than a “poor little girl”.

“In my view, having regard to this evidence, there is a considerable interest in this poor little girl having some identity assigned to her,” he said, before ruling that the girl will be known as Ebony, her middle name.

“She should not simply be some anonymous person, and should have a name.”

NSW law prevents Ebony’s identity - or any information that could even directly identify her or her sisters – being published or broadcast.

A 2004 amendment to the Children (Criminal Proceedings) Act made it an offence to publish information that could identify a child mentioned in a criminal case.

This meant that naming Ebony’s parents - before or after their murder and manslaughter convictions - would have been illegal, and that any photographs published of she or her parents would have been breaches of the law. As a way around that, media outlets have pixelated television and newspaper images throughout the trial.

But Ebony’s elder sisters expressed fears to the Supreme Court on Friday that her photograph, if published, would make her a “poster girl” for abused children.

Media organisations including Fairfax, publisher of the Advocate, and the Nine and Seven networks had requested permission to identify Ebony.

The older girls’ barrister Sue Kluss said the trial had attracted an unusual amount of publicity. Ms Kluss said the girls feared Ebony’s picture would become “the representative photo that will be used whenever there’s an issue of any criticism of the Department of Community Services”.

“Because in another set of circumstances children’s photos cannot be provided, so one of the concerns is if [Ebony’s photo] is published it could become almost like a representative or poster girl of abused children,” Ms Kluss told the hearing.

“And that - in the long run - would not, of course, have a preservation of the dignity of the child.”

The barrister arguing the media case for lifting the embargo, Dauid Sibtain, said identification would “honour” Ebony after the crime perpetrated on her in a way a pixelated image could not.

The case for Ebony’s identification was adjourned until a date yet to be fixed.

Too distraught for sentencing

HE mother convicted of the starvation murder of her daughter at Hawks Nest in 2007 was too shocked and distraught to give evidence at her sentencing hearing, a court heard last week.

Submissions were adjourned after the woman, 35, said through her barrister she was too “physically and emotionally” ill to face sentencing for the murder of her daughter, 7.

“My client feels in shock from the result of the verdict,’ her barrister Dennis Stewart told East Maitland Supreme Court last Wednesday.

“She is physically and emotionally sick.”

The woman and the girl’s father, 48, had been convicted the previous day over their daughter’s death at the Hawks Nest family home in November 2007.

After a five-week trial and a week’s deliberation, the jury found the mother guilty of murder and convicted the father of manslaughter.

His sentencing hearing was put off six weeks after his legal counsel requested time to prepare psychiatric reports, and the woman’s sentencing has been scheduled for the same time.

Both matters were adjourned to the Supreme Court in Newcastle for August 6 and 7.

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