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Tonia Bennett, running wild (60 Minutes producer's blog)

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Wed, 28 Jul 2010 7:30p.m.

By Eugene Bingham
60 Minutes producer

If you saw our programme, Running Wild, you’ll know without a doubt that teen killer Tonia Bennett was a fiery handful for the social agencies charged with looking after her.

And there’s also no doubt that most of those who were directly involved with caring for her tried their very best to control a seriously troubled young woman.

But after spending several months investigating the case, reporter Paula Penfold and I are left with one grave doubt: why has there been no independent review?

Surely there are lessons to be learned from the circumstances which led to Bennett killing mother of three Lynette Chapman in her Pukekohe home.

As Penfold said to Child, Youth and Family head Ray Smith during our interview with him: “A 16-year-old who was in your care committed a murder. It doesn’t get any worse than that.”

It’s abundantly evident that the Bennett case is one of acute sensitivity.

First and foremost, you only had to be in court when Bennett was sentenced to see how much it has affected the Chapman family. There were many tears; there was also enormous courage, primarily when Lynette’s father, her partner and her three sons stood to tell the court the impact they’ve suffered since Bennett ignited the fatal fire in January last year. The boys, particularly, did their mum proud.

As we showed in the programme, it has also been a sensitive matter for CYF.

In a highly unusual move, the agency brought along its own camera operator to film our interview – no one involved in 60 Minutes can remember this happening before. CYF also hired a lawyer for the criminal court case.

What it hasn’t done is seek an independent review.

Smith told us that he had looked at the case himself and concluded nothing more needed to be done.

“I came to the conclusion that the people that were best at making these choices had done their best to make these choices,” he said. “I don’t think anybody did anything wrong here. I think what we were challenged with was a set of circumstances that spiralled out of control and no one could have imagined this terrible thing happening.”

As Penfold pointed out to him, though, people did warn that something this dire could happen. As you’ll have seen in the programme, Bennett’s previous caregivers were extraordinarily worried about her being moved to the Wellington St address where she was expected to take more responsibility for herself and face less supervision.

Smith was unyielding. “Often times people raise a flag and they say, ‘I’m concerned something serious could happen here unless something changes’. And those concerns were heeded and conversations continued to take place about the plans for Tonia, and what would work best for her. At no point, at no point, did anyone say, ‘nothing can change,’ or, ‘nothing can be different,’ or, ‘we’re not listening’. I think all the key professionals that were involved here were very concerned and very involved.”

What surprised us was that neither Smith nor Youthlink, the trust which had been contracted to care for Bennett on CYF’s behalf, knew exactly what went on at Bennett’s house on the night of the murder.

To understand the importance of this, you’ll need to know a bit of the background. When Youthlink moved her into Wellington St, just across the road from the Chapmans, she had no permanent live-in caregivers. Instead, a roster of youth workers would come to stay from 4pm till 8am. Sometimes, a nursing agency was called in to help out when there were staff shortages.

The programme uncovered just how out-of-control Bennett was – violent, destructive, angry.

A transcript of Bennett’s police interview reveals she was having a fine old time, thank you very much, living at taxpayer expense in Wellington St.

In her own words, this is some of what she was getting up to there:

“I don’t really know [name suppressed] that well, um, to be honest he’s just someone that comes to my house and I drink with and get stoned with.”

About her boyfriend: “Yeah, he doesn’t stay very often. I usually stay at his house.”

On the night itself: “We were all pretty drunk when he showed up. We’d, me, um and my boyfriend and my mate and her boyfriend had been drinking at my house already for about an hour and a half.”

Later on in the night: “[We] went back to my house. [Name suppressed] went and sat outside while me and [my boyfriend] had sex, like 45 minutes.”

At other parts of the transcript she talks about cutting her arm with a razor blade, drinking RTDs and trying the 85% proof liquor Absinthe.

So, in summary, we’ve got a 16-year-old girl in CYF care who is drinking, smoking, taking drugs, self-harming and having sex in a house where she’s under supervision. And then she went down the road and killed an innocent woman.

So on the night in question, what supervision of Bennett was there? Turns out, the youth worker on duty had brought two of her own children with her and stayed shut in the lounge.

You’d think that after the murder Youthlink would have spoken to its staff member on duty about what she had been doing on the night. And we thought that in Smith’s own review of the case, he’d have been able to establish that too.

Yet Smith said he wasn’t aware that the youth worker had her children there, and neither was Youthlink whose chief executive, Alan Newman, told us: “We were totally unaware that the staff member had family with her that night whilst on duty. “We now understand that in fact the staff member had two of her children with her due to family circumstances. This action is absolutely not condoned by this agency. The staff member no longer works with Youthlink for unrelated reasons.

“While I am obviously disappointed at the staff member's conduct it was not unusual for other people to be at the home at times and I do not consider there is any evidence that the childrens' presence that night contributed to Tonia's behaviour.”

Let’s be clear: no one deserves to take responsibility more than Tonia Bennett. And no one’s suggesting the caregiver on duty should shoulder the blame – there’s far more to this case than that night alone.

Be that as it may, though, surely the fact that neither Youthlink nor CYF knew what had gone on in the house until 60 Minutes told them highlights the fact that Social Welfare Minister Paula Bennett needs to oversee an independent review of the case. Isn’t that the least Lynette Chapman and her family deserve?

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Comments [29]

Dave
02 Sep 2010 9:22a.m.

From what I can see, through story about this, Tonia has Aspergers, and she only reacted the way that Aspergers people do.
The killing was never the intent (whilst bad, like that actions of so many other Aspergers children and adults)... it was frustration with a system that was blaming her for her actions when in fact she had no understanding of the outcome.
It’s sad that Aspergers isn't better understood as a lot of issues in society could be prevented with a bit of understanding.

Michelle
07 Aug 2010 7:08p.m.

Have read all the comments posted. There are some very naive people out there. The Chapman family should never had to have suffered this horrendous loss. Ray Smith and his 'mates' at Youthlink need to stand up and face the music. Their incompetence and arrogance is sickening. Yes, Tonya is responsible for her actions no argument there. However, her care was being managed by Youthlink's Clinical Psychologist & Clinical Manager, and even though they were fully aware of her violent behaviour, the drinking, drugs etc, all of which was occuring before this girl turned 16 and whilst in their care, what did they do? It was clear to all who came into contact with Tonya, including myself, that there was NOTHING being done by these so called professionals to address the issues. Lots of excuses and no action!! Ray Smith & Youthlink hang your heads in shame!!! How can we have faith in such people when they choose, in arrogance because they are 'more qualified', to ignore the warnings voiced by their frontline caregivers. And where is the support and protection for these caregivers - especially those who cared for Tonya and became the victims of her assaults!! In typical Youthlink and Ray Smith 'style' they are left out in the cold. With the added insult of attempts to 'gag' them from speaking out. So NZ wake up and smell the s**t - this is what Ray Smith calls 'making the best choices'!

Teacher Aide
05 Aug 2010 5:38p.m.

I worked in a school that Tonia arrived at several years ago. She was about eight or nine years old at the time. She had never had any formal schooling at that time. She was totally out of control back then and no matter what the teachers or principal said or did or what structures where put in place to try to control Tonias behaviour she continued to do and say as she pleased. If she didn't feel like sitting in class she would just get up and leave, and alot of the time she would take her younger sister with her. Her language was worse than I have ever heard and she was known to abuse anyone who crossed her both verbally and physically. She had no respect for anyone child, adult or authority. It didn't bother her at all. I am not surprised that she has committed a crime what does surprise me is that it has taken her this long. I totally believe that this will not be the end of Tonia Bennett she will hit the headlines again as soon as she is released from jail. This girl is bad news and the best thing our justice system could do would be lock her up and throw away the key. Don't go blaming CYPS and caregtivers Tonia had major problems well before she ended up under their care.

Samantha lawton
04 Aug 2010 10:12p.m.

What she needed was rules and boundary's and she didn't get them!! the caregiver bloody taking her kids to work instead of looking after her!! maybe if she wasn't watching tv and doing her job!!! then stuff like this can be prevented! ray smith reckons what she did no one could see coming the old couple who looked after her could see it coming!!

Sam
04 Aug 2010 9:18p.m.

Having been a CYFS child since a very young age, I have a number of horror stories from that time. I believe that Bennet was a troublesome child, but so was I; and had I had the help from CYFS that I severley needed; I would not have done the things I did. I have had my run in with Ray Smith before (not face to face), and from what I have experienced from him, he is absolutely clueless. I wish I could tell that to his face. I saw in Bennet a lot of the signs that I saw in myself, and sincerely believe that had she the help she needed; a death would have been avoided. I only got the help for myself when I reached out for it myself. I'm not pointing the finger to all those who work in that sector; in fact, I have from personal experience known those who mean well, but cannot do much because of idiots like Smith who don't even make the effort to see how the processes affect the children themselves.

Kiriana
04 Aug 2010 8:56p.m.

In my opinion as a young woman myself i believe that cyfs is not to blame as Tonia in my mind was going to do whatever she wanted no matter what anyone said or did to try stop her. What were the older caregivers(can't remember names sorry) supposed to do? Stand in her way and demand she stay home or to keep out of trouble. She'd probably just bowl them over. From what I interpreted from the story the numerous caregivers/foster parents did everything they possibly could to give their heart and homes out to Tonia and she just threw it back in the faces by misbehaving. Yes she's had a tough life, yes she had issues. But is that a excuse to kill someone? In my eyes no because she was very well aware of what she was doing.

Kermit
04 Aug 2010 8:39p.m.

Ray Smith has shown that he is incompetent as the head of CYF's and should be replaced. To state the Tonya is responsible is acceptable however not admitting or even acknowledging that caregiver has fallen well short of expectation couple with the arogant attitude that CYF's could not have given better or provide better supervision is apalling.

What a bl00dy W4nker!!!

Graeme
02 Aug 2010 5:42p.m.

I take your point and apologise for that. However I still think there should be an appraisal of the duty of care for at risk children.

Perry
31 Jul 2010 7:00p.m.

So Graeme, why should you be privvy to the information about this case? Don't you think the Chapman family and other families involved have been in the public arena enough? This was a terrible tragedy and I'm sure those families don't want you sticking your nose in their business.

Graeme
30 Jul 2010 5:29p.m.

When issues such as these arise we see ministers and department heads evade questions as if they feel wrapped in the shroud of invulnerability, hold a smug facial expression, and usually return irrelevant and near incoherent garbage as if they feel they are talking to morons. They appear to have taken the same course in Evasion and Gobbledygook 101.
Merely having a border brings an extreme responsibility if that person is under the age of 18. Tonia was obviously receiving the incorrect level of care and protection that her behaviour was indicating. She was obviously not ready for any phase of integration to the general community. The result: a shattering disaster for another family and for a young girl. (I won't be drawn into discussion of her demeanor, behavior or present age)
Youthlink's information and documents indicate maintaining a safe physical and emotional environment &ensuring house rules are maintained (including bed times). One could only conclude (from ray Smith's interview and this incident) that the house allowed for the consumption of drugs and alcohol by minors and not the instant removal and destruction of such items (perhaps with the older party being prosecuted for supplying alcohol to a minor if that was the case). Why does Youthlink allow such late night activity of residents?
CYF and Youthlink are obviously major, at fault, players in this disaster yet accept no responsibility, no ownership. Ray Smith's "review" of the case is an empty claim. A residence and resident with documented problems allowed to continue the voyage without adequate intervention.
Parties involved have been so deeply hurt. Bring it to the public - let us see the documents, house logs, case notes, etc. in an open and independent review - you will be praised if it shows what Ray Smith claims, vast improvements made if not.

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