Luke Batty’s death “unforeseeable”
No-one could have foreseen Luke Batty’s murder at the hands of his mentally ill father – not the authorities and not his mum.
That’s the finding of Victorian Coroner Ian Gray following his investigation into police handling of the Batty case before Luke’s murder on February 12, 2014 at Tyabb cricket ground southeast of Melbourne.
Luke loved his father and was not afraid of Greg Anderson, but as he grew older the boy managed his relationship with his father carefully, the coroner said.
When Anderson murdered Luke there were four outstanding arrest warrants for him and two intervention orders linked to charges of assaulting Luke’s mother, Rosie Batty, possessing child pornography, and failing to appear in court.
Judge Gray found there had been justice system delays, and a knife-related threat made by Anderson had gone uninvestigated by police and the Department of Human Services.
However, the coroner found no one person or agency could have foreseen the murder despite Anderson’s long history of trouble and assault.
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“Mr Anderson and Mr Anderson alone was responsible for Luke’s death,” Judge Gray said.
Luke’s mother Rosie Batty had organised for Luke to have safe and sustainable contact with his father, who was the subject of an intervention order.
She thought the public oval with other parents around was a safe place and wanted to support Luke having a relationship with his troubled dad, Judge Gray said.
“While it is tempting with hindsight to regard Luke’s death as foreseeable because of the way he behaved towards Ms Batty and others I conclude based on the evidence that Luke’s death was not reasonably foreseeable by any entity or person, including Ms Batty.
“No one person or agency could have reasonably been expected to foresee Mr Anderson would be that rare perpetrator and Luke that rare victim of a violent event.”
Anderson was suffering from a delusional disorder and was able to switch between rational and irrational behaviours and presentations, he said.
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He described Ms Batty as a loving mother and an impressive witness during the 2014 coronial inquest.
“No criticism can be fairly laid on Ms Batty for not preventing Luke’s death.”
Anderson’s history included an assault on Ms Batty in 2012, for which he was not formally charged until early 2013.
Judge Gray said such delays by the justice system could contribute to an escalating risk of violence.
He welcomed Victoria Police’s overhaul of the way it treats family violence cases, including the roll-out of a Risk Assessment and Management Panel to better assess risk.
In his final message, Judge Gray told Ms Batty that Luke’s death had not been in vain as it had supported a new awareness of Australia’s problem of domestic violence.
Rosie Batty became a tireless anti-domestic violence campaigner after her son’s death and is the 2015 Australian of the Year.
She is expected to hold a press conference later on Monday.
– AAP
