Goodstart Early Learning sentenced after pleading guilty to three charges over boy’s death

A court has heard of the failings that led to the tragic death of a three-year-old boy on minibus as national childcare provider Goodstart Early Learning was sentenced in Cairns on Wednesday.

Goodstart Early Learning CEO Julia Davison speaks to the media after her company was sentenced in the Cairns Magistrates Court over the death of Maliq “Meeky” Nicholas Floyd Namok-Malamoo.

A COURT has heard of the failings that led to the tragic death of a three-year-old boy on minibus as national childcare provider Goodstart Early Learning was sentenced in Cairns on Wednesday.

It was between 9 and 9.30am on February 18, 2020 that Muriel Namok placed her son Maliq “Meeky” Nicholas Floyd Namok-Malamoo on Goodstart Early Learning Centre Edmonton’s minibus.

Also on that bus were Goodstart Edmonton centre director Michael Lewis, who was driving, and before and after school care co-ordinator Dionne Grills.

On behalf of the Department of Education, prosecutor Simon Hamlyn-Harris explained how Ms Namok placed Meeky in the second row of seats behind the driver, on the window side, and strapped him into a booster seat.

Michael Glenn Lewis pleaded guilty to one count of manslaughter. Picture: Brendan Radke

Lewis then drove the bus to centre at Edmonton and arrived at about 9.40am, the court heard.

“Mr Lewis and Ms Grills got out of the bus and went into the premises,” Mr Hamlyn-Harris said.

“As Mr Lewis explained subsequently to the police during investigation, he and Ms Grills both forgot the child was on the bus.”

Neither had taken any steps to sign Meeky on or off the bus, in contravention of company policies, the court was told.

“Clearly, in my submission, if that procedure had been followed as required, then the incident wouldn’t have happened, and so that’s a very significant thing,” Mr Hamlyn-Harris told the court.

Lewis pleaded guilty to manslaughter in February of this year and was sentenced to six years imprisonment.

A fresh manslaughter charge has been brought against Ms Grills after she was previously cleared of wrongdoing.

She is yet to enter a plea.

After arriving at Edmonton, Lewis drove the bus to another early learning centre at Bayview Heights.

He arrived there about 10am, Mr Hamlyn-Harris told the court.

Minutes turned to hours.

Police officers attend Hambledon State School at Edmonton, where “Meeky” was found dead in a Goodstart Early Learning Centre minibus. A police forensic officer inspects the van. PICTURE: BRENDAN RADKE

At around 2pm, Lewis drove the bus from Goodstart’s Bayview Heights centre to get petrol, and then around 2.45pm picked up the centre’s assistant director to help him collecting students from Hambledon State School, arriving at 2.50pm, the court heard.

“It was shortly after that at about 3.15pm that Mr Lewis opened the back door of the bus in the process of arranging for the children from the state school to get on the bus, that he saw Maliq and realised what had happened and of course called triple-0,” Mr Hamlyn-Harris said.

The company entered pleas of guilty to failing to adequately supervise children, failing to protect children from harm/hazard likely to cause injury, and failing to take reasonable steps to ensure documentation is accurate.

The maximum penalty for the first two offences if $50,000, while for the third the maximum penalty is $2000.

Mr Hamlyn-Harris also told the court that Mr Lewis usually drove another bus, and on most occasions “did not complete the required paperwork for bus runs”.

On one occasion in the weeks before the incident, the service’s assistant director Samantha Hembrow printed a hard copy of the company’s driver’s responsibility checklist and gave it to Lewis.

“She told police that she said to Mr Lewis words to the effect: make sure you sign this paperwork,” Mr Hamlyn-Harris said.

“She says he laughed in response.”

Both Goodstart’s defence barrister Daniel Pratt and Acting Magistrate Ann Gummow acknowledged Meeky’s family, who were present in court on Wednesday.

Maliq “Meeky” Namok-Malamoo died in a daycare minibus in Cairns on February 18, 2020.

Meeky’s family members sat stone-faced as Mr Pratt apologised to them on behalf of Goodstart for how “deeply sorry and remorseful” the company was for his death.

Mr Pratt described to the court the “enormous body of work” the company had done overhauling procedures, policies and the culture of safety within the organisation.

He said in particular for bus services, the company now required one driver, one staff member at the rear of the bus, and a third staff member to enter after the children had been dropped off to take photos of each seat and upload them to the company’s portal to be double-checked.

“That task puts the person in the moment,” Mr Pratt said.

Ms Gummow said Maliq’s death had been “a deeply traumatic event not only for (his) family and the community but also for the Goodstart staff and families and of the whole early childhood sector”.

She said it was hard to imagine “anything more serious” than the offences before her.

In sentencing Goodstart, she took into account the extensive amount of work the company had done to update its policies and procedures since the tragic incident, and she said she fully accepted the company’s remorse.

She imposed $71,000 in fines, and ordered Goodstart pay $1500 costs.

A conviction was recorded.

Goodstart Early Learning CEO Julia Davison speaks to the media after her company was sentenced in the Cairns Magistrates Court over the death of Maliq “Meeky” Nicholas Floyd Namok-Malamoo.

Goodstart CEO Julia Davison, who was also present in court, said the responsibility for the tragic event ultimately sat with the organisation.

“We again offer our deepest sorrow to the family of Meeky – Malik Nicholas Floyd Namok-Malamoo”, Ms Davison said.

“Goodstart entered a guilty plea to the charges brought by the Department of Education because it is clear that our policies and procedures did not protect Meeky on the day of his death.

“This tragedy would not have occurred if the policies in place on the day had been followed but they were not, and for this failure we are deeply sorry.

“The Goodstart team remains deeply affected by the incident in Cairns last year.”

In the months since Meeky’s death, Goodstart has moved to further strengthen our processes, policies, training and assurance systems, Ms Davison said.

The Edmonton centre has been permanently closed.

The Department of Education said the prosecution sent “a strong message to all approved providers that they have an overriding responsibility to protect the children in their care from harm”.

Originally published as Goodstart Early Learning sentenced after pleading guilty to three charges over boy’s death