Emotions run high after ’Maka’ manslaughter sentence finalised
Both branches of Makavelii Leoni’s family have spoken out after his mother was sentenced for manslaughter over his death by methylamphetamine overdose.
Cairns
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MAKAVELII Leoni was a beautiful little 13-month-old boy who was loved by his whole family.
It made his passing after ingesting his mother’s methylamphetamine all the more devastating.
The sentencing of his mother Lina Marie Daley, 23, for manslaughter on Thursday in the Cairns Supreme Court brings to an end a three year process.
Justice Jim Henry made it clear during his sentencing that Daley was not being dealt with for torture or cruelty or murder, but criminal negligence as a result of her drug abuse.
Daley’s grandmother, Debbie Kennedy, said her granddaughter had always been a “beautiful person.”
“It’s just sad that this drug takes over a person. And there’s so many out there that’s on that stupid stuff,” she said.
“She’ll never put this behind her, (but I’m hoping) she can grow from it and become better and make something of her life.
“I think there’s hope for her, I do.”
Daley was sentenced to eight and a half years imprisonment, with a parole eligibility date of March 23, 2022.
Outside court Makavelii Leoni’s grandmother Charlie Thomas was overcome with emotion, sobbing as said she was relieved the justice process was over.
“Eight and a half years all up. And she’s where she needs to be,” she said.
She described the last time she got to see “Maka”.
“The last time I got to see him he was on my hip and he was looking up at me … and I said I’m just getting to know you but I still love you,” she recalled.
“And he gave me a little kiss on the cheek and I kissed him on the forehead, and then four days later he was gone.
“And then three years later, justice is served.”
Mrs Thomas said she was grateful to Crown prosecutor Nathan Crane and his team and everyone in the legal system for bringing justice for Maka.
“Drugs – they destroy lives, shatter families and kill kids,” Mrs Thomas said.
“You cannot have children and do drugs at the same time.”
TIMELINE
September 24, 2018: The tragic news of a baby boy going into cardiac arrest early on a Monday morning shocked the Far Northern community.
At about 9am, police and paramedics were called to a White Rock home where they worked frantically to revive 13-month-old Makavelii Leoni before rushing him to Cairns Hospital.
The baby was declared dead on arrival.
It was understood Makavelii, known as “Maka” had been in a bathtub prior to suffering a cardiac arrest while left in the care of an extended group friends who shared the house.
At the time of her son’s death, Daley, aged 20 at the time, posted a number of photo tributes to the little boy on social media.
In the pictures, Maka appeared happy, smiling, playing with family and friends.
A few days after the tragedy, a distraught Daley broke her silence and expressed her heartache.
“He’s gone,” she said.
“I’m still in shock and very emotional. My darling boy is gone.”
September 27, 2018: Daley’s comments followed an interview between Daley and police investigators at the White Rock house on September 27.
Daley walked officers through the housing commission home, shared by a large extended group of friends.
At this point, the cause of Maka’s death remained unclear and detectives hadn’t ruled out bathtub drowning.
It was also unknown how long the infant had been out of the bath before emergency crews were called.
Makavelii’s heartbroken grandmother Charlie Thomas told News Corp she was searching for answers.
“We’re all grappling to understand how and why our little baby boy is dead,” she said.
“Hopefully they (investigators) can unearth some answers and give us some closure and peace in our hearts before we have to hold his funeral.’’
September 28, 2018: Four days after Maka’s death, Daley appeared in the Cairns Magistrates Court on prior drug charges.
The devastated mother initially pleaded guilty to two offences – possessing about 2g of methylamphetamines and a glass pipe used to smoke ice.
It followed a police search of a car being driven by Daley on September 12 at Manunda.
The police prosecutor told the court the drugs and utensil were found in a handbag that Daley told police was hers.
October 5, 2018: For Makavelii’s family, the wait for the Queensland Coroner to determine a cause of death felt painfully slow.
Acting Inspector Rob Campbell said Makavelii’s young age could potentially slow down the testing process, which was carried out in Brisbane.
“It depends on their workload. It could take some time for them to formulate an opinion,” he said.
“Things that the adult body can deal with from a medical perspective could have another explanation in a child.”
December 8, 2018
In December 2018, police revealed Daley was facing a probe into homicide and child neglect over the unsolved death of her baby.
It came has fresh details were also revealed of baby Makavelii’s condition which showed he had multiple bruises and bite marks over his body, a graze to the left temple of his head, and a possible burn mark with 3mm of skin missing on his forehead.
Drug tests at the time showed the young mum had tested positive for ice, speed, ecstasy, MDA and cannabis.
Child Safety documents showed “Daley may have been under the influence of substances whilst caring for Makavelii.’’
Posts to one of her social media sites stated: “I’m the reason his (sic) gone.”
“Nothing but a child killa I And. Am*”
December 17, 2018
On December 17 mourners gathered at Cairns Funeral Director to say their last goodbyes to the toddler.
Makavelii’s aunt, Emily Thomas, shared a personal goodbye written to her nephew with the Cairns Post.
“When your little soul left the Earth and you grew beautiful little wings and went to heaven, it wasn’t meant to be, but now we know you’re free and have these little wings to fly as high as you please,” a heartbroken Ms Thomas said.
December 26, 2018
On Boxing Day, 2018, Daley was arrested for joy-riding in a stolen car and appeared at the Cairns Magistrates Court on December 28.
She was charged with five offences including unlawful use of a motor vehicle and two counts each of stealing and driving with a licence that was demerit point suspended.
November 1, 2019
More than a year later, detectives from Cairns Child Protection and Investigation Unit on November 1, 2019 charged Daley, 21 at the time, over the death of the Makavelii. She was arrested in Townsville and appeared in court that morning via video link. Detectives charged her with manslaughter, torture, and drug trafficking after a major investigation.
November 27, 2019
After completing an eight-week course in jail about family relationships Daley was set to make a fresh bail application late November 2019 after previously being denied.
During her previous application the court heard the Makavelii had suffered “prolonged” and “systemic exposure” to illicit drugs through the breast milk of his drug-addicted mother.
During her time in custody, Daley obtained multiple TAFE qualifications including certificates in hospitality, business, foundation skills, resilience and an eight-week course called Shine for Kids. However on November 27, 2019, A Notice of Abandonment of the bail application was filed with Cairns Supreme Court on Wednesday on behalf of Daley.
November, 2019
Documents lodged in court to support Daley’s bail application, which was abandoned, showed she had become a model prisoner in jail, earning coveted jobs in the laundry and kitchen and being praised for her “polite, respectful” behaviour.
January 13, 2020
On January 13, 2020, police dropped two charges against Daley, who was still in still in custody in Townsville Women’s Correctional Centre.
Police prosecutor Helen Lane told the court police would offer no evidence to two unrelated charges Ms Daley was facing – stealing jewellery from a Cairns business and driving dangerously through Edge Hill – both in May 2019.
December 14, 2020
During Daley’s committal hearing at the Cairns Magistrates Court on December 14, 2020, witnesses described hearing the distressed mother and her partner “swearing, arguing, stressed” after her young son was found unconscious in a White Rock house.
A witness told the court Daley’s partner Michael Yeatman yelled: “why did you leave him along?” at Ms Daley, while she yelled at him: “It wasn’t my fault, call an ambulance”.
March 18, 2021
Daley’s case was mentioned in the Cairns Supreme Court for the first time on March 18, 2021, where it was revealed she would fight charges of manslaughter and child cruelty but plead guilty to drug trafficking.
Crown prosecutor Nathan Crane told the court he expected the trial to last up to seven days and there were “many” witnesses expected to be called to give evidence and start date was set for August 11.
July 30, 2021
The Cairns Supreme Court heard on July 30, among the prosecution witnesses was a teenage girl who had recently been sentenced to detention on an unrelated matter which she was serving in Cleveland Youth Detention Centre in Townsville.
But Crown prosecutor Aaron Dunkerton told the court he was struggling to find the legislation which would allow for her to be temporarily released from custody to appear in court.
August 10, 2021
On the eve of what would have been a trial, on August 10, Daley pleaded guilty to manslaughter and to one count of trafficking methylamphetamine and cannabis.
Her charges for torture and indecent treatment were dropped.
Hearing the confirmation from the child protection officer, Makavelii Leoni’s grandmother Charlie Thomas the news made her “scream and cry”.
“I was so excited as much as I was hurting. Finally, yes, it’s over, it’s over.”
October 28, 2021
On October 28, Daley was sentenced to an eight and a half year jail term, with a parole eligibility date of March 23, 2022.
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