The distraught parents of little Chloe Murphy who died as a result of violent injuries have opened up in an emotional interview with Seven’s Sunday Night about the injustice that the person responsible may never go to jail.
A coroner’s inquest into the case determined that she probably died as a result of violent injuries while in the care of babysitter Ketapat Jenkins.
They found their babysitter for 10-month-old Chloe on the internet, and went to her house to meet her. She had two kids and her house was clean, so Anthony and Kat Murphy thought she was the right person to look after their child.
On December 3, 2010, they went out for dinner and a movie. When they came home, Ketapat said their daughter was sleeping, but alarm bells were ringing. Her body was limp and she was unresponsive.
She had severe brain damage, her arm was broken in three places, and she had retinal haemorrhages in both eyes.
Two days later, Tony and Kat had no choice but to turn off life support.
Ketapat was charged with child homicide, but in court, she exercised her right to silence and was acquitted of the crime.
Tony and Kat Murphy
Then came the coronial inquiry, which included nine medical experts. They all came to the conclusion that Chloe was thrown upwards by the arm, and then flung against a wall, furniture, or the floor. She was unconscious on impact and already dying due to massive head trauma.
The coroner said: “On the balance of probabilities Mrs Jenkins caused the injuries Chloe sustained.”
“I believe that an indictable offence may have been committed.”
But in Victoria, without new and compelling evidence, the law of double jeopardy protects the babysitter, which means she can’t be tried for same crime twice.
“We’ve been put through hell. We’ve had our lives torn apart, dissected in court. Every single syllable we say has been cross-examined and yet she hasn’t even needed to answer one question in court,” Tony said.
“I find that disgusting that she’s been so protected by the system.”
“There’s no doubt that she’s done it.”
