A man suing the State of Western Australia over allegations he was repeatedly abused while a ward of the state told a court his childhood was a “horrible nightmare”.
Dion Barber, 45, was eight years old when he first told his mother that his stepfather was sexually abusing him. The matter was reported to authorities and Mr Barber was removed from their care.
A magistrate made Mr Barber a ward of the state after the court found his stepfather had sexually abused him, but the now Department of Communities, which was responsible for protecting Mr Barber, forced him to attend counselling sessions with his abuser and mother who allegedly denied what happened to her son.
Months after being removed from his parents’ care, Mr Barber was forced by the department to live with them again.
Mr Barber told a Perth District Court it was “torturous”.
Dion Barber (centre) told a court his childhood was a ‘horrible nightmare’. Picture: NewsWire / Emma Kirk
“Life was full of abuse, nastiness, hate and sexual abuse,” he said.
“It started with (my stepfather) molesting me … it was very rough, nasty, being punched and yelled at while it was happening.
“If I made a noise or anything (my stepfather) hit me, everything resulted in a hit … it was not nice.
“I hate him, I loathe him, I was petrified of him.”
Mr Barber told the court that he was sent to live in a group home after his mother did not want him anymore, then was reunited with his biological father who had been in and out of prison and did not know him “from a bar of soap”.
Mr Barber told the court he was presented to his father like a present on Christmas Eve and made to jump out of a box by relatives at a family gathering.
“I was scared to meet my father again,” he said.
The department sent Mr Barber to live with his father who the court was told would hold daily drunken parties with a bunch of alcoholics who were always at the house.
M Barber was sent to live with one of his abusers while a ward of the state, the court was told. Picture: NewsWire/ Emma Kirk,
He said he was exposed to adults engaging in violence, animal cruelty, nudity, urinating on themselves and self-harm. He was given a packet of cigarettes by his dad for his ninth birthday because they were the wrong brand, he told the court.
Mr Barber told the court that he saw one of the revellers molesting a young child that resulted in his father putting a noose around the man’s neck and assaulting him.
Not long after that, Mr Barber’s father moved them to a small town where they did not know anyone. Mr Barber told the court that things got “worse.”
The court was told his father subjected him to daily physical abuse and sexually abused him on several occasions.
“It made me feel horrible, it wasn’t as bad or as painful as what (my stepfather) had done to me,” he said.
“If I told anyone it was likely I wouldn’t be believed.
“I wasn’t believed the first time I said something. I was told I was a liar and my mother hated me for saying what I said about (my stepfather).
“For telling the truth, I was told I was a liar.
“I was more withdrawn as a kid, I was not a happy kid, how could you be happy when that was going on?”
He told the court things only got worse when he was reunited with his father. Picture: NewsWire/ Emma Kirk,
Defence lawyer Fiona Stanton told the court the state acknowledged Mr Barber had been returned to his abuser while in state care but argued authorities acted in good faith to reunite the family after he expressed that he wanted to live with his mother.
Ms Stanton argued there was always some risk of harm placing a child who was a ward of the state.
She said the duty of the state was to place the child with a suitable person, but day-to day, the state or director general could not provide supervision or be in control of the child’s life.
Judge Linda Black disagreed, saying the director-general could remove a child from where they were living, then had responsibility for every aspect of that child’s life.
“I cannot think of any power in the state that is more all-encompassing to affect the life of a citizen,” she said.
“Once a child is sent off to a home to live in, legally my current view is the state maintains responsibility for the day-to-day control of the child.
“If it goes wrong, bad luck for the state.
“For children who can’t protect themselves, the state becomes their protector in every sense a responsible parent would be.”
Mr Barber’s lawyer told the court that what authorities did after his client was put back in the care of family members was ‘inexcusable and appalling’. Picture: NewsWire/ Emma Kirk,
Mr Barber’s lawyer Joel Sheldrick told the court that evidence would show the devastating effects the abuse had on his client.
Mr Sheldrick said guardianship was a serious obligation but what authorities did after his client was put back in the care of family members was “inexcusable and appalling”.
He said decisions made by authorities were negligent and had “truly catastrophic” consequences on his client.
The court was told Mr Barber was seeking damages for the period until he was 18 years old because he was owed a duty of care when he was exposed to abuse after the wardship ended.
“The wardship should never have ended,” Mr Sheldrick said.
The trial continues.
Statewide Sexual Assault Helpline 1800 010 120
Cairns Sexual Assault Service 4031 3590
1800RESPECT 1800 010 120
DVConnect 1800 737 732
Victim Assist Queensland 1300 546 587
Women’s Legal Service Queensland 1800 957 957
Lifeline 13 11 14
Kids Helpline 1800 551 800