Ebony: Judge restores some dignity to starved girl

By Dan Proudman Chief Police Reporter
Updated October 31 2012 - 2:04pm, first published June 24 2009 - 12:02pm
Ebony: Judge restores some dignity  to starved girl
Ebony: Judge restores some dignity to starved girl
Ebony: Judge restores some dignity  to starved girl
Ebony: Judge restores some dignity to starved girl
ABANDONED: The image of "Ebony" must be pixelated to prevent her identification under NSW law.
ABANDONED: The image of "Ebony" must be pixelated to prevent her identification under NSW law.

SHE had become the nameless and faceless victim of a crime that horrified the nation.Since her father and mother were charged more than 18 months ago, a law unique to NSW has prevented identification of the seven-year-old girl her parents starved to death in their Hawks Nest home.Yesterday, a Supreme Court judge ruled that the girl who had been "the subject of the most profound neglect and abandonment" should be given a name.She will now be known as Ebony, her middle name."In my view, having regard to this evidence, there is a considerable interest in this poor little girl having some identity assigned to her," Justice Robert Allan Hulme ruled in East Maitland Supreme Court."She should not simply be some anonymous person and should have a name."She was the subject of the most profound neglect and abandonment."To my mind, maintaining her anonymity would perpetuate the abandonment."On Tuesday, a jury found Ebony's mother guilty of murder and her father guilty of manslaughter after a trial which heard how she was locked in a lonely room and left to starve to death.Once a chubby-faced girl weighing 20 kilograms, Ebony weighed just nine kilograms when she was found dead on a putrid mattress on November 3, 2007.A law unique to NSW has prevented Ebony's identity as well as any information which may, even indirectly, identify her or her underage sisters from being published or broadcast.An amendment to Section 11 of the Children (Criminal Proceedings) Act in 2004 made it an offence to publish information that might tend to identify a child involved or mentioned in criminal proceedings.In Ebony's case, it meant that naming her parents now her convicted killers would have constituted an offence.It also meant that any photographs published of Ebony or her parents would have also breached the act, hence media organisations pixelating the images seen in papers and on television.Justice Hulme will rule tomorrow if photographs of Ebony can be published to give the "poor little girl" a face.Barrister Sue Kluss, who acted on behalf of two of Ebony's siblings and the Department of Community Services, argued yesterday that allowing Ebony's complete name to be published would identify her sisters.Her oldest sister did not want her identity released and there was an argument of continued suffering to other children involved if they were publicly linked to the case.But counsel and the judge came to an agreement that calling the dead girl by her middle name would not identify other children involved in the case.In ruling on releasing the dead girl's name as Ebony, Justice Hulme said he had concerns that she remained without a public identity."She died in the most atrocious circumstances," he said. "She lived in a bedroom in a squalid state."Justice Hulme said evidence was given during the trial that Ebony had lived in an environment indicative of someone not going outside "for extended periods of time".He said experts had said Ebony was "the most malnourished" person they had seen."The child would have been incapable of movement for days if not weeks and was likely in a semi-conscious state for some time," Justice Hulme said.He ruled that publishing her first name and surnames, and the names of her parents and siblings, continue to be prohibited.The court heard yesterday that Ebony's mother was not in a position to give evidence in sentencing submissions."My client feels in shock from the result of the verdict," barrister Dennis Stewart said."She is physically and emotionally sick."Sentencing submissions for both parents will begin in Newcastle Supreme Court on August 6.

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