The parents of a seven-year-old girl who died from a rare disease in 2018 have been found guilty of her death through negligence in a judgement that also found the “system failed" the child.

Sunday and Rashida Aluko were on Monday handed a two-year jail sentence suspended for four years and will have to foot the court expenses bill of €3,000.

The court however also found that the “system failed Victoria” and could not understand how it took the death of the girl for the authorities to issue a care order for her surviving siblings.

Victoria died in January 2018 after being rushed to hospital from a residence in Żabbar where her family-of-five lived. Times of Malta had reported how the residence was lent to them by the Dominican nuns but they were not under the care of any Church entity.

According to her death certificate, the Nigerian girl had died from a rare disease. Her two siblings were placed under a care order following her death.

Some days after her death, Michael Falzon, then minister for social welfare, had said the girl had a pre-existing medical condition and had died of aplastic anemia.

Professionals familiar with the case, who had spoken to Times of Malta back then, had questioned why the children had not been taken in care when the parents had shown symptoms of mental health issues or when they did not turn up at school.

They had lamented systematic failures when it came to the protection of children and of migrants that were flagged over the years but still saw people falling through cracks in the system. Family friends had also blamed a systematic failure that saw the family remain indoors with the children missing school.

Two separate investigations – a magisterial inquiry and a separate independent investigation - had been opened about the death.

The parents were eventually charged with having caused the death of Victoria through imprudence, carelessness, unskilfulness in their art or profession, or non-observance of regulations.

In the judgement handed on Monday, the court, presided by Magistrate Leonard Caruana said it was “evident that the governmental authorities involved did not give this case the urgency and attention it required until it was too late”.

From the moment the Aluko family moved into the Żabbar residence, they were being followed by the Emigrants Commission, the court observed. When it became evident that the minors were not being sent to school, various social workers and other officials started following the case.

'It took the death of Victoria for the issuing of the Care Order'

“The numerous emails submitted, however, show a great deal of toing and froing between various entities such as the school’s officials, the Emigrants Commission, FSWS-Appoġġ and Child Protection Services among others.

“The Court cannot yet understand how in the face of this grave situation which prolonged over two years, it took the death of Victoria Aluko for the application and issuing of the necessary Temporary Care Order when in November 2017 there was already talk of the serious need for this Order.”

And although in November 2017 a doctor had raised the need for the children to have a following examination at Mater Dei Hospital, for some unknown reason, this follow-up examination never materialised. Moreover, the court added, closer to the date of the tragic death, social workers were on strike and were not using any forms of communication or setting multidisciplinary meetings to discuss cases.

“The court finds, however, that although the system failed Victoria Aluko, the ultimate responsibility for her health was left in the hands of the accused as at law they were still jointly vested with her care and custody.”

In the judgement the court observes that the move from Ħal Far tent village to the Żabbar residence, when the former was converted into a male-only residential village, “severely affected the Aluko family’s functionality”.

The father, who unlike the rest of his family had refugee status, became obsessed with the status of his wife and children in Malta so much that he believed that they have no rights here, notwithstanding the consistent assurances by the social workers and other officials that this was not the case and that they all enjoyed the same rights.

“Their obsession was so profound that for a period of nearly two years prior to the tragic incident, they refused to send their children to school and kept them indoors most of the time.

“It was clear that their status was being prioritised over the children’s educational, social and medical needs.”

The court also referred to the magisterial inquiry that had appointed Mario Scerri as the forensic doctor. According to Scerri’s report, Victoria died from aplastic anaemia and there were no signs of violence or ill-treatment on her body.

When testifying Scerri had said aplastic anaemia did not respond to treatment and although it can be managed, the failure rate was very high. The condition was not sustained due to some trauma.

According to Scerri’s report, she had been complaining about foot pain since November.

The court observed that although the girl had exhibited signs of anaemia, her parents did not give her the necessary medical attention.

“Had they exercised their diligence timely, Victoria Aluko would have had a fighting chance, albeit slim, to overcome this condition or, at least, to receive the appropriate treatment that could have extended her life,” the court added.

Gianluca Cappitta was defence counsel.

Superintendent Josric Mifsud prosecuted.