How Could You? Hall of Shame-New Zealand Andrew Hemara UPDATED
This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.
From Wellsford, New Zealand, foster parents Andrew John Hemara, 53, and his wife, Jenny-Lee Hemara, 49, and their 21-year-old daughter, Tamara Lee Hemara, are facing more than 38 charges “accusing them of subjecting [four] boys in their foster care to years of abuse – including scrubbing their bodies and teeth with wire brushes.
The boys aged seven through fourteen “were chained together, made to sleep outside without blankets, and forced to run around a race track until they became sick. ” Allegations span seven years.
“CYF social workers made routine checks on the family, but the alleged abuse came to light only when one of the boys spoke up.”
“The Hemaras appeared in the North Shore District Court on May 20 and are on bail until their next appearance this month.
Andrew Hemara, a youth worker, is facing 17 charges of assault and five of wilful ill-treatment.
He allegedly ripped an earring from one boy’s ear and forced his hand into a fire until it burned, and bent another boy’s neck backwards over the metal pole of a bunk bed.
It is also alleged that he and his daughter forced two boys to run around a race track until they vomited.
Tamara Hemara is also charged with repeatedly punching and kicking a 14-year-old boy.
Jenny-Lee Hemara is facing 10 assault and three wilful ill-treatment charges.
She allegedly threw a metal stool at a 12-year-old boy and stabbed him in the hand with a pen.
The couple both face charges of scrubbing two boys’ bodies and teeth with a wire brush, force-feeding them after shoving their faces into plates of food, chaining two boys together with a metal chain and making them sleep outside at night.
The Hemaras have been approved CYF caregivers since 2001. The children these charges relate to were placed with the Hemaras between 2004 and 2010. ”
The CYF northern regional director said, “The minute the young person broke their silence and told our social worker, we took action.”
Mr Bennett said the boys were immediately removed from the Hemaras’ care and were settling in well with new caregivers.
The Hemaras’ caregiver status had been revoked. ”
Carers charged for wire brush abuse
[New Zealand Herald 6/2/11 by Anna Leask and Andrew Koubaridis]
“The main agency that supports foster families is appalled at the publicity over the Hemaras’ prosecution. They did not get name suppression and have been widely identified in the media, with their photos on the front page of the New Zealand Herald.” 
Former CYF caregivers charged with abuse
[Radio New Zealand 6/2/11]
Update: “A family accused of abusing Child Youth and Family children in their care have been remanded on bail until July 22.
Auckland couple Andrew and Jenny-Lee Hemara and their daughter Tamara, 21, are facing 38 charges of abuse between them.
They were all excused from a court date in the North Shore District Court today because they live out of town.
Judge Laurie Hinton remanded them on bail until a post-committal conference on July 22. ”
“The abuse is alleged to have taken place over a seven-year period until last September, when one of the boys told a social worker about it during a routine check. ”
“Child Youth and Family are also investigating a complaint against the Hemaras made by a fifth child earlier this month.
Regional director of northern Child Youth and Family Grant Bennet said if the allegations are found to be true they will result in further charges being laid against the Hemaras.”
Family accused of child abuse remanded on bail
[Stuff 6/21/11 by Victoria Robinson]
Update 2: “New allegations made last month against two Child, Youth and Family caregivers already facing more than 30 abuse charges have been dismissed.”
“[F]urther allegations of abuse were made against the couple and a member of their extended family who also works as a caregiver for CYF.
But yesterday, the agency said that no further action would be taken in relation to those allegations.”
Charges that are going forward
“It has been alleged they used a wire brush to scrub the boys’ bodies and teeth.
Other claims include forcing a boy’s hand into fire, chaining boys together, making them sleep outside without blankets and forcing them to run around a track until sick.
The couple’s daughter, Tamara Lee Hemara, 21, is also facing charges.”
Fresh abuse claims against caregiver family ‘unfounded’37859
[New Zealand Herald 7/12/11 by Anna Leask]
REFORM Puzzle Pieces
Update 2: “Andrew John Hemara, 53, Jenny-Lee Hemara, 49, and their 21-year-old daughter Tamara Lee Hemara face 38 charges relating to the abuse of children between the ages of seven and 14 between 2004 and 2010.
All three were granted bail in the Auckland District Court today until they go on trial in February [2013].
It is alleged the Wellsford couple, who have been approved caregivers since 2001, scrubbed the bodies and teeth of their foster children with a wire brush, made them run around a racecourse until they became sick, chained them together and forced them to sleep outside without blankets.
The alleged abuse was uncovered in September last year when one of the boys “made a disclosure” to a social worker during a routine visit.
Police were called and the children were removed from the Hemaras’ care and placed with new caregivers.
Andrew Hemara, a youth worker, faced 17 charges including allegedly ripping an earring from one boy’s ear and forcing his hand into a fire until it burned.
His wife is charged with repeatedly punching and kicking a boy while their daughter is facing 10 charges of assault and three charges of wilful ill-treatment.”
Foster parents face trial for abuse
[Stuff 10/30/12 by Amy Maas]
Update 3: “A family accused of abusing foster children in their care by using a wire brush to scrub their bodies will go on trial later this year.
Andrew John Hemara, 53, and Jenny-Lee Hemara, 49 appeared at the Auckland District Court today where they were remanded on bail until their trial in August.
Their 21-year-old daughter, Tamara Lee Hemara, was excused from appearing at court today but will also go on trial.
The trio face 38 charges relating to the abuse of children between the ages of seven and 14 between 2004 and 2010.
It is alleged the Wellsford couple, approved caregivers since 2001, scrubbed the bodies and teeth of their foster children with a wire brush, made them run around a racecourse till they became sick, chained them together and forced them to sleep outside without blankets, the New Zealand Herald reported.
The alleged abuse was uncovered in September 2010 when one of the boys “made a disclosure” to a social worker during a routine visit.
Police were called and the children were removed from the Hemaras’ care and placed with new caregivers.
Andrew Hemara, a youth worker, faced 17 charges including allegedly ripping an earring from one boy’s ear and forcing his hand into a fire until it burned.
His wife is charged with repeatedly punching and kicking a boy while their daughter is facing 10 charges of assault and three charges of wilful ill-treatment.
The trial has been set down for two weeks.”
Foster carers face abuse trial
[Nelson Mail 3/26/13 by Amy Maas]
Update 4: “Two former Auckland Child, Youth and Family caregivers found not guilty of assaulting boys in their care will not be allowed to foster more children.
Wellsford couple Andrew John Hemara, 55, and Jenny-Lee Hemara, 51, were today acquitted of charges relating to boys between 6 and 14, but CYF said their caregiver status had been revoked.
“While they were found not guilty of criminal charges in court today, our own investigations into abuse were substantiated,” CYF Auckland regional director Sharon Thom said.
“The use of physical force as a means of disciplining is completely unacceptable and contrary to our policy regardless of how difficult and complex children’s behaviour can be. The Hemaras knew this.”
Ms Thom said the situation was disappointing and CYF’s focus was now on making sure the children were OK after a tough few weeks.
The couple’s lawyer Belinda Sellars said she was not surprised at Ms Thom’s comments, but said the CYF investigation’s findings were based solely on believing what the boys said.
“In terms of substantiation there certainly was no independent evidence that I was aware of and the thing that really sticks out in this case is with what the boys said happened, one could reasonably expect to have some sort of injury.”
But they had none, she said.
During the Hemara’s two-week trial in the Auckland District Court, Miss Sellars said the boys at the centre of most of the allegations had recanted some of their more serious claims, including that their teeth were brushed with a wire brush and that they were made to run until they vomited.
Today the jury of eight woman and four men took about two hours to find Mr Hemara not guilty on one charge of cruelty to a child and eight charges of assault, while his wife was acquitted of four assault charges and one count of cruelty.
Miss Sellars said the couple’s reaction was one of “utter relief”.
In court, Judge Russell Collins told the jury it was not in dispute that the two boys at the centre of most allegations could be difficult, and one in particular was responsible for some “really bad behaviour”.
Miss Sellars said her clients were community-minded people who wanted the best for the boys in their care, and were experienced at dealing with troubled young people.”
CYF caregivers found not guilty of assault[The New Zealand Herald 5/7/14 by Jimmy Wellington]
It appears everyone jumped to conclusions when they read it in the media.
Do we not live in a country where we are innocent until proven guilty?
Remember the statement – “BEYOND REASONABLE DOUBT”
CYF caregivers found not guilty of assault
By Jimmy Ellingham
3:12 PM Wednesday May 7, 2014
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Auckland Region Foster Care
File photo / NZ Herald
File photo / NZ Herald
Two Auckland Child, Youth and Family caregivers have been found not guilty of subjecting boys in their foster care to years of assaults and making one sleep outside at night with no bedding.
Wellsford couple Andrew John Hemara, 55, and Jenny-Lee Hemara, 51, were accused of assaulting boys aged between 6 and 14 over a six-year span until 2010.
The couple faced allegations that they forced one boy to spend nights outside on their deck.
Andrew Hemara was also accused of hitting another boy when he was in the couple’s care for a couple of nights.
The defence said the alleged incidents did not happen.
The couple were on trial in the Auckland District Court for the past fortnight, during which time the number of charges they faced reduced from more than 30 and allegations against the couple’s daughter Tamara Lee Hemara were dropped.
The jury of eight women and four men took about two hours to find Andrew Hemara not guilty on one charge of cruelty to a child and eight charges of assault, while his wife was acquitted of four assault charges and one count of cruelty.
Judge Russell Collins summed the case up today before the jury retired just after 11.30am. The judge told jurors that even if they had believed the alleged acts happened, the Crown must still prove its case beyond reasonable doubt.
“In respect of all of the charges, it can be approached in this way someone’s not telling the truth.”
Judge Collins said it was not in dispute that the two boys at the centre of most allegations could be difficult, and one in particular was responsible for some “really bad behaviour”.
In yesterday’s closing arguments Crown prosecutor Peter Dean detailed the alleged assaults, which included Andrew Hemara “squishing” one boy’s stomach with a table, forcing his neck over a metal pole, punching and kicking, throwing objects and forcing one boy’s face into a plate of hot food.
Mr Dean said the boys’ evidence was reliable, but defence lawyer Belinda Sellars disagreed, saying they were making the allegations up.
She said some of the more series accusations levelled at her clients – including that they made the boys brush their teeth with a wire brush and running until they vomited – had been recanted.
The Crown was relying on the boys’ word and nobody had seen bruises on them, which would have been expected.
Miss Sellars said her clients were community-minded people who wanted the best for the boys in their care, and were experienced at dealing with troubled young people.
– APNZ
“Do we not live in a country where we are innocent until proven guilty?” In a Court of law,yes. Thank you for this update. I will add it in later today.
so does this family get an apology and negative cooments about this family removed from the site?
No, because as The New Zealand Herald Says “CYF said their caregiver status had been revoked.
“While they were found not guilty of criminal charges in court today, our own investigations into abuse were substantiated,” CYF Auckland regional director Sharon Thom said.”
Their investigation was SUBSTANTIATED.
So this site is acting as judge and jury on a couple found innocent in a court of law. Shame! And shame on CYF for acting above and beyond the law of the land. No wonder nobody wants to be a caregiver.
No we are not judge and jury, but in this case, CYF DID pull their license.
I believe that what we need to understand is that CYFS revoked their license when they made the charges way back in May 2011.
CYFS cannot be held accountable for laying their charges, because they were acting in the best interest & safety of the children. So if a child discloses possible abuse, CYFS have to act on it.
Their response of:
“While they were found not guilty of criminal charges in court today, our own investigations into abuse were substantiated,” CYF Auckland regional director Sharon Thom said.”
Simply means that they had the mandate to investigate the alleged abuse. It does NOT mean that there was any form of abuse at all.
It was a good ‘Spin Doctor’ to know how to word their response in that form.
So DON’T always believe what you see & hear.
ASK for the meaning itself, not the implication.
So it is a shame on the Hall of Shame for not knowing the full story, and simply throwing .
You may need to delve deeper into the meaning of things before making your allegations.
Maybe even wait until the accused are pronounced as being guilty.
I believe it took nearly four years before it even went to court. Simply because CYFS could only substantiate their investigations (to follow up on the allegations only), but could not substantiate the allegations with any substantial evidence. It was all based on supposition, and was dragged out while they tried to find anything they could.
Do not take these comments as an attack on your site, simply for us to refrain from making judgement upon those who have not been proven guilty…
“Maybe even wait until the accused are pronounced as being guilty.” Well we don’t do that in this column. As you have just stated, the majority of these cases take years and we discuss the evidence with all the cases.
My understanding is the use of the word “substantiated” means that the claimed abuse WAS confirmed. Maybe not to the level of “proven beyond a reasonable doubt in a court of law”, but with enough certitude to pull any kids from the home and/or revoke their caregiver status.
Bob,
There are– or there should be– standards for foster parents above and beyond “They’ve not been proven to be guilty of assaulting kids in their charge beyond a reasonable doubt in a court of law.”
You ARE aware that no one on this site has the power to act as “judge and jury” over anyone, aren’t you? We simply discuss needed reforms in adoption and foster care, using published news stories and public blogs as references.
[Rally:This is the last time I will grant you the right to post here. I explained myself, already.]So how is it that hall of shame can put a negative post up about a family before they even went to court, these people opened their home to some of the most difficult kids in NZ. They were tried in a court of law and were found not guilty on all counts unamanously by a jury. CYFS dragged it out over four years trying to track down kids who previously were placed with the Hemaras in the hope that some of them would back up these outrageous claims. Shame on you CYFS…you even leaked the story to the NZ Herald thereby they were found guilty through trial by media. Hell who would want to be a caregiver if thats the way they are treated. Granted there are some horror stories out there about caregivers who have abused and neglected chioldren in thier care…shame on them i say. In this case you who jumped the gun got it wrong.