A truly amazing sentence for a child abuser

Sounds like a gullible judge

A FATHER who shook his six-week-old baby daughter so violently he left her with permanent brain damage has walked free from court, and will now become her full-time carer. Victorian Judge Frances Hogan said yesterday that Peter Rallis's case was a rare one where mercy should be shown, because he was the best person to meet the little girl's needs. Rallis, 40, of Carnegie, was given a three-year suspended jail sentence after pleading guilty to negligently causing serious injury to Alexia Elizabeth Rallis, now two. Known as Lexi, she cannot do anything by herself. She needs to be fed, bathed and dressed, cannot walk on her own, and needs a standing frame.

She was admitted to the Royal Children's Hospital on February 14, 2005, with swelling to the brain, bleeding eyes and seizures. The County Court heard Rallis admitted shaking Lexi, then just six weeks old, twice while he was looking after her. On the first occasion she was crying, so he picked her up and shook her to calm her, Rallis told police. He then returned about 20 minutes later and picked her up again. She was "like jelly"; he shook her again to get a response, but she did not react. Alexia now suffers cerebral palsy, spasticity, a post-natal diffuse cerebral injury, and seizures.

Judge Hogan said Rallis's actions had destroyed the potential of a perfect baby. But the judge also recognised that Rallis had since quit his job and devoted himself to her needs. If he were imprisoned, she would be disadvantaged. "I consider this to be one of those rare cases where mercy should be extended in the interest of Alexia's welfare, so that her routine of care, which has now been in place for 15 months, is not being disturbed by requiring you to serve an immediate custodial sentence," Judge Hogan said. "Ironically, although you are the person who caused her to be so needy, you are the best person to continue to address her needs."

But the decision has triggered an angry reaction from victims' rights groups. "I think the community would have expected that a man who causes such horrific injuries and lifelong disabilities would have been held accountable and received a jail sentence," said Australian Childhood Foundation chief executive Dr Joe Tucci. "A suspended sentence: it's token justice for the baby." Dr Tucci said he believed the sentence sent a dangerous message to the community that violence against children would be tolerated. "I think if someone had injured an adult to the extent this man injured his daughter, I would think there would be no question about some kind of custodial sentence."

Crime Victims Support Association president Noel McNamara said the sentence was outrageous. "It's disgraceful. It's a very, very sad day indeed for the state," he said. "He should have gone to jail for at least three years. I think even that's being very, very lenient."

The court had heard that four days before Rallis shook her, Alexia had a routine check-up that found her to be a normal and healthy infant. Judge Hogan said the injuries Rallis had inflicted were extensive, debilitating and permanent, leaving Alexia with a profound disability. In hospital, Rallis was overheard telling his daughter "look what I've done to you" and "I will give up work and look after you. It's my punishment".

Judge Hogan said there was evidence that trained respite carers and Alexia's mother had trouble feeding her, but Rallis was proficient at this and the only one who could bathe her without her crying. "After anxious consideration, I have decided that the profound physical and emotional needs of Alexia, and the fact they are being largely met by you, do provide exceptional circumstances," Judge Hogan said. While Rallis had destroyed Alexia's potential for a normal life, Judge Hogan said she believed the community would consider it morally appropriate he take up the burden of caring for her.

Rallis was looking after Alexia and her older sister when the pair began screaming. It was hot, Rallis was tired, and the home had no airconditioner. He shook Alexia to calm her, then left her for 15-20 minutes while he went to service his car, the court heard. He told police he "just didn't give a s--t any more". When he returned and picked her up "she was like jelly in my hands". He shook her again.

Rallis' defence counsel, Peter Morrissey, said at an earlier hearing Rallis admitted to shaking Alexia twice. He told police he shook her up to 10 times. The court has heard that Rallis has put his life at the service of the infant, while Alexia's mother is the family bread-winner. Judge Hogan said a video played in court showed that when not assisted, Alexia was mostly propped on pillows or lying down, with little independent use of arms and legs.

She said Rallis, while giving commentary on the video, had impressed her as a loving father who took pride in his children. "I was left in no doubt that each day you are reminded of the damage you have done to Alexia." Judge Hogan said at the time of the offence, Rallis was an inadequate parent. She was satisfied Alexia was not at risk of further harm from Rallis.

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