WARNING: This story contains graphic content

The mother of a newborn baby who was dragged from his cot by a dog and partially buried in the back garden says she blames herself for what happened, and no punishment could punish her, or the dog’s owner, any more than they’ve already suffered.

Max Anton Mitchell-Clifford, whose name suppression was lifted in the Hamilton District Court today, was the registered owner of a Rottweiler called Bear. The dog dragged the woman’s newborn son from his bassinet on October 25, 2020 cot as she left the room for a few minutes to use the bathroom.

The woman, who, along with her baby was granted permanent name suppression by Judge David Cameron, looked outside and saw Bear returning from the fence line and ran out to find her baby, who had obvious injuries, partially buried.

Speaking publicly for the first time, the woman told Judge Cameron he would never be able to understand the impact her son’s death had on her and her family.

“I lost my baby 3 days after having him, after losing my partner (several) months prior and Max was there as a support person to me at this time.”

She wanted to voice her side of the story to the judge, so he knew that she didn’t blame Mitchell-Clifford for what happened, but rather, herself.

“We had a friendship and were supporting each other, nobody did anything.

 “I don’t blame Max and never have.

“I do blame myself, 100 per cent, I always have done, I’ve never changed my views on that.”

She never understood why Mitchell-Clifford was ever charged in the first place as they had both suffered enough already.

“What we’ve both suffered, gone through with this ordeal the last three years, it’s a lot to handle.

“We never did anything to intentionally allow this to happen. I’m sure I speak for Max as well that if we could change the decision we came to, we would do it in a heartbeat.

“It just goes without saying and I don’t understand, how this is, by any punishment given to Max, how this is going to achieve anything ... worse than what we’ve already had.”

She was now glad to see the matter finally put to rest.

The torment suffered by Mitchell-Clifford, who was 21 at the time, was obvious to everyone.

His counsel, Philip Morgan KC, said it was also the reason he was facing two charges of failing to stop for police which related to him not turning up to previous court hearings.

Morgan said the people involved in this case had all felt a sense of responsibility over what happened to the baby, which was a “perfectly, ordinary, normal, human response”.

However, the charge itself centred around ownership of the dog, which Mitchell-Clifford was at the time.

The confusion of the charge, the change of plea and drawn-out court proceedings could be put down to that, he said.

Max Mitchell-Clifford, middle, leaves the Hamilton District Court after sentencing today. Photo / Belinda Feek

Bear had never previously been aggressive but was known to escape enclosed yards.

His client was sick of bailing Bear out of the pound and had spoken with the mother about her having him.

Morgan said his client should not have left Bear with the woman that day, and instead, should have taken him to the birthday celebration he went to, or come back earlier.

He urged Judge Cameron convict and discharge his client due to everything he had been through already.

“He still blames himself, and of course, it’s a terrible blame ... he was very attached to them both and it was his dog that did this terrible thing.”

However, Judge Cameron disagreed, and said there had never been a more serious case involving a charge like this.

“There needs to be a punitive and rehabilitative sentence ... the extent of harm caused and I agree with the crown, this is the highest order, the death of a newborn baby.”

The judge took a starting point of 9 months’ prison before applying various discounts and coming to an end sentence of 120 hours’ community work, 9 months’ supervision, and $571.55 reparation to the Hamilton City Council for costs incurred from putting Bear down.

On the two separate charges of failing to stop, described by Judge Cameron as “disgraceful driving”, Mitchell-Clifford was disqualified from driving for 12 months.

Mitchell-Clifford, who was supported in court by family and friends, declined to comment outside court.

Belinda Feek has been a reporter for 19 years, and at the Herald for eight years, joining the Open Justice team in 2022.