A childcare worker who warned authorities about one of Australia’s worst pedophiles has been found not guilty and had charges dismissed against her for accessing confidential records.
Yolanda Borucki, 59, was charged with using a restricted computer service and causing more than $5000 in detriment to her former employer.
She is the former colleague of Queensland childcare worker Ashley Paul Griffith, 45, who was sentenced to life behind bars in November over 1600 child abuse offences.
Ms Borucki and Griffith worked at the same childcare centre in 2021 and she assisted in reporting him to authorities that year.
The charge related to Ms Borucki allegedly accessing confidential records on children at a care centre on August 3 from her home in Brisbane and sending them to a reporter at the Nine Network’s A Current Affair.
Ms Borucki had previously appeared on the program and said she had notified authorities almost two years previously in relation to Griffith’s inappropriate behaviour towards young children.
She was charged after the report went to air.
On Friday Magistrate Kerrie O’Callaghan found Ms Borucki not guilty and dismissed the charges because it had not been proven beyond reasonable doubt that she used a work computer to send the emails.
Ashley Paul Griffith was sentenced to life behind bars over 1600 child abuse offences. (7news Queensland/AAP PHOTOS)
“There is no evidence of communication about policy and the policy documents themselves have no connection to the employees use of their computer,” the magistrate told the court.
“There is no evidence of any limitation placed on Ms Borucki’s use of the computer.
“Accordingly, even if I was satisfied beyond reasonable doubt that she used the computer to send the emails, I’m not satisfied beyond reasonable doubt that the use was without consent of the controller.”
Ms O’Callaghan also found the prosecution failed to prove Ms Borucki did not have permission to send the emails or that it would cause harm.
Prosecutors argued that in disclosing the information Ms Borucki caused psychological harm to relevant families.
They relied on the oral evidence of a parent who saw the program and became “distressed” because she was unaware of the details of the conduct concerning the child.
Defence counsel Ron Behlau said the charges should never have been brought against Yolanda Borucki. (Jason O’BRIEN/AAP PHOTOS)
“This does not establish beyond reasonable doubt that Ms Borucki’s actions if proven, caused psychological harm to the relevant families,” the magistrate said.
“The prosecution has failed to prove the elements of the offence beyond reasonable doubt, I find Ms Borucki not guilty and the charges dismissed.”
Ms Borucki’s supporters clapped in the courtoom when the verdict was handed down and she broke down in tears.
Outside court, defence counsel Ron Behlau said the charges should never have been brought against Ms Borucki and pursued so vigorously by her former employer and police.
“Her actions were heroic,” Mr Behlau told reporters.
“She has suffered immeasurably through the prosecution process and is now obviously very relieved.
“She looks forward to any inquiry conducted by the authorities to shed light on how Australia’s worst pedophile was permitted to work with children for such a long period and to those who enabled this to occur.”
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