Homeopath, wife jailed over baby's death

28 Sep 2009, 6:28 pm   -   Source: AAP
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A homeopath will spend at least six more years in jail and his wife will serve at least four years for the manslaughter of their eczema-stricken daughter.

They watched her skin bleed, her hair go white and her small frame shrink as their baby girl fought to battle her eczema.

They watched her constantly scream out in pain, her sores weeping through tears in her skin, and the corneas in her eyes melt.

And in the end, by not seeking proper medical treatment until it was too late, a homeopath and his wife watched nine-month-old Gloria Mary die.

Thomas Sam, 42, and his wife Manju, 37, sobbed in the dock in the NSW Supreme Court on Monday as they were each handed custodial sentences for the manslaughter of their eczema-stricken daughter.

Thomas Sam was sentenced to at least six years in jail, with a maximum sentence of eight years. Additional consideration was given to the fact he was treating his young daughter.

Manju Sam was given a maximum five years and four months, with a non-parole period of four years.

The tertiary-educated couple were accused of "gross criminal negligence" by failing to get appropriate treatment, instead mainly relying on homeopathic remedies.

Gloria was malnourished despite being properly fed, with all nutrition going into coping with her severe eczema.

She died in Sydney in May 2002 from an infection her body could not fight.

In handing down the sentences on Monday, Justice Peter Johnson said Thomas Sam's "arrogant approach" to his preference for homeopathy above conventional medicine and Manju Sam's deference to her husband, led to Gloria's death.

A "very wide chasm" lay between how they had acted and how any other reasonable parent would have acted, Justice Johnson said.

"The offences did not involve an isolated act or omission but rather a prolonged, sustained and deliberate decision by each offender ... not to seek proper medical attention for Gloria over a very substantial period of time," he said.

"Gloria was subjected to significant pain over an extended period of time and the omission of the offenders to seek proper assistance for her may be characterised accurately as cruelty.

"Each offender fell profoundly short of their parental obligations to their infant daughter."

Despite recommendations as early as October 2001, the Sams had refused to take her to see a specialist.

Instead they took her to India for more homeopathic treatment, despite being told by doctors that to do so would be "cruel" to Gloria.

And following their return to Australia - on board a plane where fellow passengers described the child as "screaming constantly" and "inconsolable" - for nine "critical" days, the pair did nothing.

On the ninth day, concerned about a lingering eye infection, the Sams took their daughter to the Sydney Children's Hospital at Randwick.

Doctors described Gloria as "incredibly sick" with a "massive eroded rash" and "grossly malnourished".

They gave her morphine for the pain and began treating her eye infection - her corneas were melting.

But it was too late - Gloria died three days later.

Doctors said she had been malnourished for months and in severe pain for weeks.

"Gloria's body was worn down and ultimately worn out," the judge said.

"This is not a case of a hidden condition going untreated and ultimately causing death.

"Rather this case involves an accumulation of obvious health problems which, whilst not properly treated, saw the child descending towards death."

With time already served, Thomas Sam will be eligible for release on July 1, 2015.

Manju Sam was taken into custody and will be eligible for release on September 27, 2013.

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