Harry* was a jovial kid. He was always joking and, much to his mother's dismay, he was an extrovert.
He would help other students at school who appeared lost, upset or confused, and volunteered to help refugees from Afghanistan.
Harry was also just like any other teenager, he would backchat his mum with a sardonic "OK Boomer" and was known as the class clown. He dreamed of joining the army.
His mother recalled the boy at eight years old conducting "a complete shirt-front interview" with then-prime minister Malcolm Turnbull.
"How long do you think you're going to last in power?" he asked.
The woman described her embarrassment and "wanting the ground to open up and swallow me", as Mr Turnbull stood speechless.
These are memories she holds onto now, because after months of being subject to allegedly incessant online harassment and stalking, Harry died by suicide six days before his 16th birthday.
Now, she says the ACT legal system is "mocking my son's death".
She is pushing for stronger legislation and tougher penalties for cyber bullying to prevent another parent from experiencing the same heartbreak.
'Legal system and not a justice system'
Harry's mum has no idea why another teenager is said to have relentlessly bullied her son on social media.
"We still don't know why and I've never had that explained to me," she told The Canberra Times.
Abusive, tormenting messages sent in group chats and among other students included the child allegedly linked to the 15-year-old's death telling a friend it would be funny to tell Harry to kill himself.
Harry's experience with online abuse is not an anomaly. A recent report by the eSafety Commissioner found a 37 per cent increase in actionable cyber bullying complaints in 2023 to 2024.
The charges laid against the other child in relation to her son's death were dismissed by a court on mental health grounds, leaving Harry's mum despondent.
"We have a legal system and not a justice system, because I don't see justice or fairness in this decision," the mother said.
She believes the teenager allegedly linked to her son's suicide should be held accountable and their mental health issues treated, while still going through the criminal justice system.
She does not want to see the child behind bars, but had hoped accepting responsibility "would turn them into a decent human being".
It was not alleged the accused bully was involved directly in Harry's death. Rather, the child allegedly harassed and stalked the 15-year-old over three months and this had a significant impact on his mental health.
They weren't friends and didn't go to the same school, the mother described them as "friends of friends of friends".
She labelled the alleged campaign of online bullying leading up to her son's death as "incessant".
"It was every single day," she said.
"At one stage, I was on the phone to the police and I had my son's phone. It was like whack-a-mole, I would block a person and somebody else would pop up."
As the main witness in the case, the grieving parent was never allowed in the courtroom.
The mum wasn't present to hear special magistrate Lucinda Wilson's reasons for her decision to dismiss the charges on earlier this year.
She didn't hear the submissions of the defence lawyer, nor the prosecutor who fought the application to dismiss.
She wasn't able to make a statement to the court, wasn't able to speak to the young person or their family, and was not able to participate in restorative justice.
The court case
In July, The Canberra Times was permitted to attend the ACT Children's Court for the hearing.
The mother sat outside the room.
Inside, the accused child cried as they sat at a large polished-timber bar table, a high-backed chair almost concealing their frame. The teenager was the only child in the tense courtroom.
Defence lawyer, Adrian McKenna, acknowledged the words sent were "horrible" and "deeply distressing".
Mr McKenna stated the messages were "devastating" but "speak to immaturity".
He argued that "on the face of it [the messages contained] horrible words" but the child "didn't really believe it would have such an effect".
Mr McKenna spoke of the teenager's "significant shame and remorse for the charges", stating the case would be best handled outside the criminal system.
Prosecutor Taden Kelliher had argued the allegations were "too serious" to warrant a divergence, stating: "The community's expectation is that this offence be dealt with according to law."
The prosecutor argued "cyber bullying is a scourge on the community" and the court should "look outward".
"Ripping this matter out of the criminal justice system ignores all those other purposes," Mr Kelliher stated.
After a short adjournment to consider her decision, Ms Wilson diverted the child from the criminal justice system, and ordered them to see a qualified mental health practitioner for two years.
She found the child had a mental illness and was "working through, in a way that is suitable to the young person's age, the terrible repercussions of the cyber bullying".
"I don't think that this person is the correct vehicle to face the full weight of the law," the special magistrate said.
She dismissed charges of using a carriage service to harass another person and stalking with intent to harass on mental health grounds.
Push for stronger legislation
"Even at the beginning, before this outcome, I wanted to change the legislation," Harry's mum said two weeks after the charges were dismissed.
"I want to call it for what it is, it's abuse and where it results in a death it should be treated accordingly."
She pointed to what she believed was a gap in the legislation and the need for a "manslaughter-type offence" for serious cases.
The mother noted Dolly's Law which was passed in NSW in 2018, making stalking and intimidation via the internet explicitly illegal and increasing the maximum penalty.
An ACT Policing spokesman said officers worked with the Director of Public Prosecutions to determine which charges were most appropriate for this case.
They stated that while there were no specific laws in the ACT such as Dolly's Law, "the use of the Commonwealth offence of using a carriage service to menace or harass was appropriate in this situation. Existing stalking laws were also appropriate for this matter".
In a statement, Attorney-General Shane Rattenbury said he would meet with the woman "to further discuss the concerns she has, and understand in more detail her concerns about the current operation of laws in this area. I will then consider what further steps might need to be taken".
"The circumstances of [Harry's] death are simply tragic, and I extend my sincerest condolences to [the mother] for the loss of her son," he stated.
"Cyber bullying is a pervasive and harmful issue with real world impacts."
*The Canberra Times has used a pseudonym at the request of his mother, and for legal reasons.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; MensLine 1300 789 978; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.
