First of four childcare worker enters not guilty pleas in children assault case

The first of a group of childcare workers accused of assaulting children at a northside service has entered not guilty pleas.

The woman​, 49, and three others are facing charges of physical abuse on children under their care at the Northside Community Services’ Civic Early Childhood Centre dating back to last year.

It is alleged three workers employed excessive use of force on children as young as one. They have been charged with 13 offences of common assault between them.

A fourth worker was also issued with a court summons, but the exact nature of those allegations is unclear.

The woman’s case appeared in the ACT Magistrates Court on Tuesday morning, the first of any of the group to appear before a court.

 

The worker did not appear, but lawyer Adrian McKenna, Ben Aulich & Associates, entered not guilty pleas on her behalf.

She is facing four charges of common assault.

Such cases are typically given a hearing date straight away, but Mr McKenna asked for more time because of the matter’s “complex and relatively serious” nature.

The woman will next appear on January 27.

The allegations have prompted numerous inquiries by police, the ACT Government, and the service provider itself.

It took some time for proper reports to be made about the assaults to management, who were only alerted in April this year.

Acting chief executive officer Kate Cvetanovski​ has previously told Fairfax Media that the leadership team then immediately contacted police, the ACT government and Care and Protection.

The staff members involved were stood down as soon as the service leadership was made aware of the allegations.

 

Four men accused of ACT Public Trustee’s office theft appear in court

Four men accused of stealing $1.65 million at the ACT Public Trustee’s office have appeared in court for the first time.

Timothy Stewart McLeod, 33, of Pearce, and Stephen Evans, 32, of Calwell, entered pleas of not guilty in the ACT Magistrates Court on Tuesday to a total of 72 offences, including theft and obtaining property by deception.

Neither appeared before the court, and were represented instead by their lawyers.

Joshua Leighton, of Bonython, and Donald Tawanda Savanhu, of Ngunnawal, did not enter pleas when they appeared, and their matters were adjourned until December.

The quartet was last month charged by ACT Policing after a lengthy investigation. Documents outlining the allegations were not tendered in court on Tuesday.

It is alleged the suspect transactions took place between 2010 and 2014 and included debit card fraud, thefts from cash machines, contractor kickbacks, and false paperwork trails.

Outside court, McLeod’s lawyer Adrian McKenna said his client would defend the charges.

“The charges clearly raise very serious allegations,” Mr McKenna said.

“It is important they are handled very carefully and without pre-judgment. My client is eager to progress the proceedings after prosecuting authorities provide more information.”

Adrian McKenna

 

The ACT Public Trustee last month revealed it had repaid more than $1.7 million to 87 clients, including interest, and overhauled risk management strategies after being alerted to the alleged fraud.

In March last year, The Canberra Times revealed the office had stood down two staff after it discovered money was allegedly fraudulently taken from people whose assets it held in trust.

The trustee helps to care for Canberrans who, as a result of illness, accident or disability, must give someone else the power of attorney to make decisions on their behalf. The small office also administers estates of the deceased.

The matter was first referred to ACT Policing for investigation in January 2014.

A report on the alleged fraud by audit firm KPMG was not made public although the office’s latest annual report, published in October, revealed the extent of challenges within the organisation.

“In June 2015 the Public Trustee finalised the investigation of irregularities discovered in client financial accounts maintained under enduring power of attorney and under order of the ACT Civil and Administrative Tribunal,” the report said.

“PTACT’s fraud/corruption mitigation strategy has been reviewed to incorporate KPMG’s recommendations.”

The internal review resulted in 15 new control measures to mitigate fraud risks including a review and upgrade of accounting software, codes of conduct, personnel change and the appointment of an independent chair.

All senior managers at the office were required to attend industry fraud and risk training seminars provided by KPMG and the Justice and Community Safety Directorate.

The risk management strategy was overhauled during the 2014-15 in collaboration with other state public trustees, with all staff now required to sign a staff code of conduct.
Credit: Michael Inman, Canberra Times

‘Independent’ crash investigator’s AFP link

The ACT’s police chief has rejected concerns about the links between his force and the investigator chosen to review the 1987 hit-run killing of Troy Forsyth.

Lingering questions about the initial handling of the killing of Mr Forsyth prompted Chief Police Officer Rudi Lammers to recently order a comprehensive review led by one of the country’s most experienced crash investigators John Ruller.

The engagement of Mr Ruller, who runs a crash investigation consultancy, was designed to ensure independence and alleviate concerns about police investigating police.

Mr Ruller is an investigator of more than 30 years experience, including with the Queensland police, and now runs the Road Accident Investigation Service consultancy.

 

But defence lawyer Peter Woodhouse of Ben Aulich & Associates wrote to The Canberra Times on Tuesday, saying Mr Ruller was routinely engaged by the Australian Federal Police to train its members.

“That means he regularly teaches members of the very organisation he is now tasked to investigate,” he said.

In a later statement, Mr Woodhouse said that the appointment did not sit well with the intention to appoint someone completely independent of the Australian Federal Police.

“It may be difficult for a person whose business is routinely engaged by the AFP to conduct a completely objective review of the original AFP investigation,” he said.

The majority of those who were involved in the original investigation 28 years ago of the case have now left the force, meaning Mr Ruller is not likely to criticise current members.

 

And Assistant Commissioner Lammers said that Mr Ruller’s expertise in the field meant he was constantly in high demand by all policing agencies, not just ACT Policing.

“For this very reason I have asked Mr Ruller to conduct this independent investigation into this matter,” he said.

“The accident in question occurred 28 years ago and requires a leading expert in the field to assess the circumstances around that initial investigation and to consider possibilities that may arise given the progress in investigative techniques since that time.”

Mr Forsyth, 17, was killed in the early hours of March 1, 1987, as he walked away from an 18th birthday party at the Deakin Soccer Club.

A blue panel van hit him and fled the scene. The driver and car were never found, and the death was almost immediately treated as non-suspicious, despite early evidence suggesting otherwise.

A Fairfax Media investigation in 2013 highlighted serious flaws with the investigation.

 

He wrote to the police chief earlier this year to ask that an apology be made to the family. Assistance Commissioner Lammers has since taken a keen personal interest in the case.

He went back over decades-old evidence and spoke with current and past investigators.

The police chief came to the conclusion that a review of the evidence and the force’s handling of the case was needed, and engaged Mr Ruller to head that review.

Key to that process will be determining whether or not Mr Forsyth’s death should have been treated as a homicide.

Had it been, the investigation would have been handled in a vastly different fashion and kept away from the then poorly resourced accident squad.

Depending on Mr Ruller’s recommendations, the case could be reclassified as a homicide and a new cold case team formed to re-investigate.
Credit: Christopher Knaus, Canberra Times

 

Cockroach infested restaurant incurs fines

The former owner of a northside Thai restaurant who let cockroaches infest his kitchen and appliances has been ordered to pay fines worth thousands of dollars.

Ben Thankum, the proprietor of Lao Thai Kitchen in Holt before it closed, allowed cockroaches to breed and die inside food tubs, on floors, walls and benches.

He was also charged with a failure to ensure clean surfaces, letting contaminated material spread in the kitchen and poor food storage procedures.

The restaurant was inspected by food safety officers in February 2014 who became concerned food sold at the shop would be unsafe for consumption.

Thankum appeared before the ACT Magistrates Court on Friday and was charged $2000 for each violation and ordered to pay court costs.

Court documents reveal the kitchen had fallen into disrepair with dead cockroaches left in dishwashing areas.

The documents also revealed food was stored in washing-up areas and sauces left on benches for eight hours at a time.

Ice buildup posed dangers in chest freezers with uncovered foods with exhaust fans clogged with grease.

Special magistrate Maria Doogan said the restaurant had since been sold and Thankum had begun working in a different occupation.

Evidence tendered against the Lao Thai Kitchen in Holt. Photo: supplied

Despite this, she said there was a need to provide a punishment that would deter other restaurants sliding into similar disrepair.

Thankum, who was represented by Adrian McKenna of Ben Aulich and Associates, had told the court he was not able to keep his restaurant clean because he needed to care for his ill wife.

The food hygiene violations were described as a serious threat to public safety and deserving of a hefty fine, despite his modest financial circumstances.
Credit: Henry Belot, Canberra Times