A coronial inquest has heard that Northern Territory authorities assessed that a father posed “no risk” to his child, despite allegations he repeatedly abused his partner and shook the baby.
Warning: This article contains references to self-harm, domestic violence and sexual abuse.
Over the past four days, Northern Territory Coroner Elisabeth Armitage has examined the death of Toko-Harieta Maki, a 33-year-old mother from New Zealand who died in a Darwin domestic violence shelter on July 25, 2024, after self-harming.
The inquest previously heard that five days before her death, Ms Maki had fled her Darwin home after waking to her partner punching her while holding their seven-month-old baby
When she left, he refused to let her take their child, and in the days that followed, she had been desperately trying to get the child back.
Elisabeth Armitage is presiding over the four-day inquest into Toko-Harieta Maki’s death. (ABC News: Michael Franchi)
On Thursday, the detective acting sergeant who interviewed Ms Maki in the days before her death testified about the harrowing account the mother had given over several hours.
She said Ms Maki had described physical and sexual abuse, threats her partner had made to kill himself, and violence that had occurred in front of the baby.
“She wanted us to go get the child,” she said.
She said Ms Maki had also requested a domestic violence order (DVO) against her partner, though the mother had told police she did not want a full no-contact condition as she wanted to remain in touch with her child.
A DVO was not taken out on Ms Maki’s behalf.
The inquest also heard that on two separate occasions, police officers conducted welfare checks on Ms Maki’s baby and concluded there was “no risk” to him remaining with his father.
NT Police conducted two welfare checks on Ms Maki’s baby, but found there was no danger to him remaining with his father. (ABC News: Michael Franchi)
“Because he’s with his father, we have no power to go and remove that child unless he’s hurting that child,” the detective acting sergeant said.
“So at that point, no, we didn’t go seize the child or have plans to seize the child … but we spoke to the Department of Children and Families.
“It was decided there wasn’t going to be a DVO because she was in a safe house.“
The detective told the inquest she had referred the final decision to the watch commander on duty that day.
But when pressed by the coroner on whether she had relayed the full picture — including Ms Maki’s physical injuries, the partner’s threats of self-harm, and the recorded incidents in which he threatened to “flog her” — the police officer said she could not recall.
“Looking at it now, is that information which should have been given to assist in a decision-making process?” Judge Armitage asked.
“Yes, but the thing is, at the time she was safe,” the detective replied.
The coroner responded: “She is safe in a way, but she’s also got concerns for her child … one of the reasons [women] return to allegedly or known violent partners is because of concerns about the welfare of children.”
“That was obviously a real risk to Ms Maki.”
The inquest also heard that police made a mandatory report to the department, and the detective had planned further engagement with Ms Maki.
James O’Brien says the NT Police Force is improving its response to domestic violence. (ABC News: Michael Franchi)
Around four months before Ms Maki’s death, NT Police overhauled their Domestic Violence guidelines, the court heard on Thursday.
Acting NT Police Assistant Commissioner James O’Brien told the inquest that had those orders been properly understood and applied, an “urgent” DVO would have been issued on Ms Maki’s behalf.
“And within that police DVO order, [the] baby would have been included,” he said.
“What we didn’t have at the time was the domestic violence senior sergeant that would have provided that lens.
“If this particular incident occurred now, yes, an urgent order would be made.“
‘Limited information around’ violence, department director says
In her opening statement earlier in the inquest, counsel assisting the coroner, Chrissy McConnel, said the coroner would need to consider whether multiple agencies failed Ms Maki.
“She needed police to protect her from [her partner] and the Department of Children and Families to assist her to get her baby back, or ensure he was somewhere safe,” she said.
Chrissy McConnel says Toko-Harieta Maki needed to be protected by police and the Department of Children and Families. (ABC News: Hamish Harty)
On Thursday, Joy Simpson, the Department of Children and Families’ director of care and connection, testified that the department had been aware of reports suggesting the baby had been exposed to violence and that Ms Maki had been strangled.
However, she said staff had not been given access to all of the available police evidence for their investigation into the baby’s welfare.
“Ms Maki had disclosed there was a history of sexual abuse … and there’s some history that suggests [the partner] in the past has shaken [the baby] and smacked him onto the back, but there was very limited information around that,” Ms Simpson said.
The inquest heard that when department staff visited the father, they too concluded the baby was safe — a finding that was informed in part, Ms Simpson said, by police having raised no concern.
“If police had decided to lay charges and arrest the partner based on the available information, then that would have led to a different response from the Department of Children and Families?” the coroner asked.
“Yes, your honour,” Ms Simpson replied.
The inquest is expected to hear closing submissions next month.
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