A man alleging he was subjected to “horrific sexual abuse” at the hands of multiple family members told a court his childhood was a “horrible nightmare.”
Dion Barber, 45, is suing the State of Western Australia over claims he was repeatedly abused in the 1980s and 90s while under the guardianship of the now Department of Communities director general.
He claims authorities placed him in the care of family members who sexually, physically and emotionally abused him resulting in lifelong trauma.
“I am not comfortable talking about my childhood,” he said in court.
Dion Barber (right) told a Perth District Court his childhood was a “horrible nightmare.” Picture: NewsWire / Emma Kirk
Mr Barber began giving evidence in the three-week trial telling the court some of his earliest memories included being hit, pushed and bullied by his stepfather when they first met.
“I was very scared of him because he used to hit me a lot,” he said.
On Wednesday morning, defence lawyer Fiona Stanton finished her opening statement arguing there was always some risk of harm placing a child who was a ward of the state.
Ms Stanton 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, she said the power invested in the state was all encompassing.
Judge Black argued the director general could remove a child from where they were living, then had responsibility for every aspect of that child’s life.
Dion Barber arrives at the District Court in Perth with his legal team where he is suing the State of WA over claims he was placed in the care of an alleged abuser, and was abused again while a ward of the state. Picture: NewsWire/ Emma Kirk,
“I cannot think of any power in the state that is more all-encompassing to effect the life of a citizen,” she said.
“Having read the legislation I am inclined to think it is one of the broadest duties in the state.
“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 Joel Sheldrick told the court evidence would show the devastating effects the abuse had on his client.
Lawyers for Dion Barber told the court Mr Sheldrick 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.” Picture: NewsWire / Emma Kirk
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.