No two-year-old should have to live like this

Donna Thomas and missing her son Daniel Thomas. A Coroner today ruled Daniel was killed in 2003 and blamed his babysitter for the crime. Source: HeraldSun

THE final seven weeks of little Daniel Thomas' life were torture.

The 2-year-old boy from Myrtleford, in Victoria, was subjected to abuse by his babysitter that included being gagged with old bits of towel, being tied to a bed, blindfolded, slapped across the face and made to lie on the floor in a starfish position.

At other times he would have to stare at the lino, forbidden to look at anyone, placed in a cold bath and even locked under the house.

It was under a house where his skeletal remains were discovered almost four-and-half-years later, in March 2008 when a dog found them beneath his mother Donna Thomas' former home.

At the time of his disappearance, in October 2003, he was in the care of Mandy Martyn, a woman Ms Thomas had recently met and trusted her toddler's life with.

Coroner Jacinta Heffey has released her findings into Daniel's death and she came to the "almost unavoidable conclusion" that Ms Martyn was responsible for causing his death and his mother — through her inaction — contributed to his death.

A picture of Mandy Martyn, the babysitter of Daniel Thomas. Source: News Limited

She believed Ms Martyn placed the body under the house and carried out a "charade" of purchasing nappies to create an impression the child was still alive and was cunning when covering up the true situation.

Daniel's short life hadn't always been so painful and terrifying.

The Coroner found there was "no evidence" to Daniel having been mistreated physically during his life before he began living with Ms Martyn.

Although he suffered from eczema and asthma and could not eat certain foods, doctors who examined him in April 2003 considered him fine and that his mother was coping well.

In late July that year they found him to be in the best shape they had seen and was "bright within himself".

Staff at a children's centre he went to until the month before his violent death said he "appeared his normal self", fitted in well with the other children and enjoyed playing with toys.

There was no warning of the horror the boy was about to endure when he and his mother began living permanently with Ms Martyn.

They'd met at via the Mungabeena Aboriginal Corporation.

Donna Thomas, the mother of toddler Daniel Thomas. a Coroner today ruled Ms Thomas contributed to her son's death through her inaction. Source: HeraldSun

Kevin Ruffels and son toddler, Daniel Thomas. Mr Ruffels and Daniel's mother Donna Thomas separated when Daniel was 12 months old. Source: Supplied

Coroner Heffey: "From September 2003, when his mother took him to live with Mrs Martyn until his death about seven weeks later Daniel was exposed to cruelty amounting to torture."

According to all the statements provided and evidence provided to the Coroner, except those by Ms Martyn and her children, Ms Martyn was identified as the perpetrator of "significant abuse against Daniel".

The statements from her children blame the abuse on Ms Thomas — but at times they variously volunteered seeing their mother abuse Daniel, both physically and mentally.

Coroner Heffey believed the children witnessed the behaviour they described and believed it was telling a 8-year-old boy knew what word "spread eagled" meant.

"...It suggests that this word was used frequently in the house.."

Daniel was said to have been terrified of Ms Martyn and it is independent witnesses who say the boy was made to sit with his back to the wall.

"I am satisfied that the principal player in respect of Daniel's mistreatment during the last seven weeks of his life was Ms Martyn. Ms Thomas has told police she was scared of Ms Martyn ... There are many references in the Inquest Brief to witnesses describing Ms Martyn as loud mouthed and threatening. Witnesses also observed Ms Thomas being subservient in the presence of Ms Martyn."

But the Coroner does not clear the mother of blame saying "she had options" including exploring public housing and access to aboriginal supports.

"Notwithstanding this, she remained under the same roof as someone who systematically mistreated her own son and she was manifestly failed to protect or console him. She chose to do nothing and allowed the abuse to Daniel to continue. That is not to ignore that at times Ms Thomas was also seen to smack Daniel."

Kevin Ruffels. Daniel Thomas' father, leaves the Coroners Court in Melbourne. He wants his son's former babysitter to "rot in hell". Source: News Corp Australia

No one saw or heard of Daniel after Monday, October 13 2003 the night Coroner Heffey believes he was killed, possibly through strangulation, drowning or a closed head injury.

Outside court, Detective Senior Sergeant Stuart Bailey told reporters outside courtpolice were now reviewing the evidence and that a police investigation was "active".

The review was to assess whether criminal charges could be laid and he said the review would determine what course the investigation would take.

Previously Ms Martyn has given "no comment" police interviews and has never been charged in relation to the murder mystery.

Neither she or Ms Thomas were compelled to give evidence at the inquest partly because Coroner Heffey determined their versions were incompatible and irreconcilable.

Daniel's father Kevin Ruffles was shocked his former partner had been blamed — but he had one message for Ms Martyn.

He wanted her to "rot in hell."

"I hope she gets her right whack."

Originally published as No two-year-old should have to live like this

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