Phoenix Sinclair inquiry hears of more abuse by her mother

WINNIPEG -- The inquiry into the death of a five-year-old girl heard of more mistreatment by her mother in March 2005 -- a time when Manitoba's child welfare system missed a last chance to intervene before the girl's violent death.

A friend of Samantha Kematch testified Thursday that Kematch would lock Phoenix Sinclair in her bedroom, ignore her and even prevent others from helping the four-year-old girl while walking through the busy streets of central Winnipeg.

The friend, who cannot be identified under a publication ban, said she, Kematch, Phoenix and others were walking to another friend's home one day in March 2005 when she noticed that Kematch was paying no attention to Phoenix.

"There was no affection," the witness testified.

Phoenix had boots on but Kematch had not done up the buckles.

The group walked for about one kilometre and at one point, the witness recalled trying to hold young Phoenix's hand.

"Sam was already down the alley ... and she was yelling back at us not to hold her hand and that she needs to learn to walk on her own," the witness said.

Phoenix had previously been a happy child but talked very little that day and kept to herself, the witness added.

The same witness testified earlier this week that Kematch had locked Phoenix in a bedroom on at least one occasion that year. The witness reported hearing whimpering and moaning from behind the locked door.

The inquiry is examining how Manitoba child welfare failed to protect Phoenix before she was beaten to death by Kematch and her boyfriend, Karl McKay, in June 2005. Phoenix had spent most of her life bouncing between foster care, family friends and her divorced parents. She had been taken from her parents repeatedly, and was returned to Kematch a final time in 2004.

The inquiry has already heard that social workers repeatedly missed warning signs that Phoenix was in danger.

The workers were sometimes unaware as to who was taking care of Phoenix. They also missed the fact that McKay, the man Kematch started living with in 2004, had a long history of domestic violence that was outlined in the Child and Family Services central database. He had beaten former girlfriends, including one who was attacked with the leg off a bathroom sink.

The group walk in March 2005 happened just days after social workers paid a final visit to Kematch's apartment. Social workers went to the door, were told by Kematch that Phoenix was sleeping and left without seeing her, according to statements that came out at Kematch and McKay's trial, which resulted in convictions of first-degree murder.

The file was closed. Phoenix was killed three months later.

The witness who testified Thursday was one of two friends who said they were so concerned about Phoenix in early 2005, they wanted to the alert Child and Family Services.

"I wanted CFS to check and make sure that Phoenix was OK and everything was OK in that household."

The witness's friend called CFS anonymously, but was told her complaint could not be taken seriously unless she gave her name. The pair then went to another woman, whose identity is also covered by the publication ban, who called CFS and got the ball rolling.

According to documents filed at the inquiry, social workers had to try hard to locate Kematch, who had recently moved and was collecting welfare.

"Placed a call to Employment and Income Assistance who do not have a listing of this family," reads a March 7, 2005 intake report prepared by two social workers.

"Placed another phone call to Employment and Income Assistance to find out family at this address and was informed it is Samantha which is an active file. Attended to the home at 2:30 p.m., waited for about 5 minutes, and could not get into the building."

The workers returned the next day, were greeted at the door by Kematch and left without seeing Phoenix.

Shortly after that, Kematch, McKay and Phoenix moved to the Fisher River reserve north of Winnipeg. There, they confined and abused Phoenix, sometimes shooting her with a BB gun and forcing her to eat her own vomit. She died at the age of five, after a deadly assault on the concrete basement floor of the home.

Her death went undetected for nine months as Kematch and McKay continued to collect welfare benefits with Phoenix listed a living dependent. Kematch told nurses and social workers that Phoenix was alive and doing fine.

In March 2006, authorities were tipped off that Phoenix was in fact dead. McKay broke down under police questioning and led them to a shallow grave near the landfill on the reserve.