Parents accused of starving daughter victims of 'unfair trial', court rules

The convictions of parents accused of starving their teenage daughter to the point of severe malnutrition have been overturned by Western Australia's Court of Appeal. The court found that the conduct of the judge during the original trial amounted to a "miscarriage of justice" and resulted in an "unfair trial."

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regrettably this was one of the rare cases in which the conduct of the judge amounted to a "miscarriage of justice"

The girl, who cannot be identified, weighed just 28 kilograms when she was hospitalized in 2021 at the age of 17. Doctors had warned that her low weight put her at imminent risk of death. Her parents were found guilty in 2024, with the father sentenced to six-and-a-half years in prison and the mother to five years. The father was also convicted of forging his daughter's birth certificate.

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The departure from [the mother's] right to be present in court throughout her trial was not justified by any lawful exception, and, on its own, gave rise to a miscarriage of justice.

In their appeal, filed in 2025, the parents argued their trial was unfair. The Court of Appeal agreed, citing several key issues. One significant factor was the judge's decision to continue the trial with the mother in another room after she became unwell and was certified unfit to attend court for two days. The judgment stated that this "departure from [the mother's] right to be present in court throughout her trial was not justified by any lawful exception, and, on its own, gave rise to a miscarriage of justice."

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a fair-minded observer could conclude the judge viewed the parents as evasive, uncooperative or unreliable.

Furthermore, the court noted that the judge "repeatedly intervened or interrupted" the parents while they were giving evidence. This behavior, the court suggested, could lead a "fair-minded observer" to conclude that the judge viewed the parents as evasive or unreliable. The interventions were deemed "such a departure from the due and orderly process of a fair trial as to amount to a miscarriage of justice." The judge also reportedly intervened in the defense's decision on whether to call the daughter to give evidence, though she ultimately did not testify. A retrial is now anticipated.

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Those interventions were "such a departure from the due and orderly process of a fair trial as to amount to a miscarriage of justice."