Two female directors of a former NDIS contractor charged with the death of Ann Marie Smith, a woman from Adelaide, have been released on bail.
Key points:
- Ann Marie Smith died in April 2020
- His carer Rosa Maione was jailed for her manslaughter in March 2022
- Administrators of Maione’s employer have been charged over his death
Ms Smith died in April 2020 of severe septic shock, malnutrition, multiple organ failure and other complications from her cerebral palsy while receiving full-time treatment.
Police believe the 54-year-old was confined to a rattan chair inside her Kensington Park home for 24 hours a day in the year before her death.
Amy June Collins, 42, and Alison Maree Virgo, 40, – who were directors of Integrity Care – faced Adelaide Magistrates’ Court on Friday via video link from the City Watch House.
They were charged with criminal negligence causing death and breach of a health and safety duty of care.
The company – Integrity Care – was also charged with the same offences.
The women’s attorneys applied for bail, which the prosecution did not oppose with a $20,000 bail agreement.
Under the terms of the bond, the women – both from Huntfield Heights – will be barred from leaving the state, must surrender their passports and be banned from having contact with certain people connected to the case.
The case returns to court in October.
Ms Smith’s disability support worker at the time of her death – Rosa Maria Maione – was jailed in March for at least five years and three months.
She pleaded guilty to manslaughter by criminal negligence.
Joint investigation with SafeWork SA
South African Police Assistant Commissioner Linda Williams said today’s charges were the result of the first joint investigation between the police and SafeWork SA.
“In this case, we will allege that, unfortunately, it did not happen and it resulted in Annie’s death.”
SafeWork SA chief executive Martyn Campbell said directors of companies like Integrity Care needed to ensure the duty of care they owed to the people they cared for was fulfilled by their staff.
“It’s one thing to have an organization and a company and to have that duty, but it’s another matter to make sure your occupational health and safety obligations are met and from our point sight, we say they weren’t and they fell short,” he said.
Integrity Care SA, has previously been fined over $12,000 by the NDIS Quality and Safeguards Commission for failing to report Ms Smith’s death.
The Quality and Warranties Commission is also taking a separate civil action against the company.
Caregiver help with investigation
Detective Superintendent Des Bray of Major Crime acknowledged the assistance of former Integrity Care staff and the public in the investigation.
“There are a lot of good caregivers out there,” he said.
“There were good caregivers who were employed by Integrity Care and would not have known what was going on.
“There were also employees helping us.”
He said police had been unable to gather enough evidence regarding the disappearance of jewelery and other property belonging to Ms Smith, or how her car had racked up fines when she could not drive.
“We have our own beliefs as to what happened with some of this, but there is no evidence to advance any charges on this,” he said.
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