MARCUS and Ora Diskin were loving and adoring
parents of their newborn daughter Eliana. But today they will appear in
court charged with loving their child to death.
The Melbourne Magistrates' Court will be told Eliana was fed rice milk
for the final 2 1/2 months of her short life.
The non-dairy milk alternative will be central to the hearing that
will decide whether the Geelong couple are to face trial in the Supreme
Court for the manslaughter of Eliana by gross negligence.
Eliana was born on July 8, 2000. She died of malnutrition on December
26 that year.
Her parents had tried for years to conceive their first and only
child.
After a month of breast feeding, Mrs Diskin started supplementing the
breast feeding with rice milk.
Mr Diskin, a 44-year-old chiropractor, and his wife, 39, are both
adherents to forms of alternative medicine. This is also expected to
come under close scrutiny in court.
After three months, Mrs Diskin ceased breast feeding and Eliana was
fed exclusively rice milk.
The couple had concerns about preservatives and potential allergies
arising from cows' milk and Eliana had earlier rejected soy milk.
After her three month check-up in October, Eliana was described as a
happy child with her weight, health and development all appearing
normal.
The parents were told to return for a six-month check-up in January.
In the 2 1/2 months leading up to Eliana's death, her parents became
concerned about her nappy rash. They consulted traditional doctors, a
naturopath and a kinesiologist and on December 12, a dermatologist.
Four days later, with Eliana in obvious pain, her parents took her to
Geelong hospital.
She was transferred to the Royal Children's hospital where she later
died.
The cause of death was listed as disseminated invasive candidiasis, a
form of thrush, caused by malnutrition.
Eliana's parents will be represented in court by leading Melbourne
criminal barrister, Robert Richter, QC, and Mark Taft.
The pair will argue the charges are unsustainable, partly on the
basis that it was a case of misguided feeding, not neglect.
The rice milk carton includes a statement that it is not to be used
as infant formula. However, the statement, in fine print, is not
preceded with either "warning" or "danger".
The coroner may schedule an inquest on Eliana after court proceedings
are finalised.
But today a magistrate will start hearing evidence to decide whether
the couple should stand trial.
The hearing, in which 27 witnesses are scheduled to be called, is
expected to last a week.