The childcare worker who alerted authorities about one of Australia’s most notorious pedophiles has been acquitted and cleared of charges related to 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 had previously worked alongside Ashley Paul Griffith, a Queensland childcare worker, who was handed a life sentence in November for committing 1600 child abuse crimes.
O’Callaghan also found the prosecution failed to prove Borucki did not have permission to send the emails or that it would cause harm.
Prosecutors argued that in disclosing the information Borucki caused psychological harm to relevant families.
During the trial, they depended on the testimony of a parent who had watched the program and felt “distressed” upon learning about the child’s ordeal.
“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.”
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 Borucki and pursued so vigorously by her former employer and police.
“Her actions were heroic,” 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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