Carer Rosa Maria Maione, who killed Annie Smith, remains on bail over Christmas to have senses of taste and smell checked by doctor

Carer Rosa Maione left Annie Smith to die starving in putrid conditions – but she’ll spend Christmas at home after a court heard her senses of taste and smell need to be checked.

Annie Smith’s killer carer will remain on bail over Christmas so doctors can investigate whether her “impacted” senses of taste and smell played a role in her neglectful crime.

On Friday, the Supreme Court reluctantly agreed to postpone Rosa Maria Maione’s sentencing submissions until February so she can undergo a CAT scan and an MRI.

Justice Anne Bampton said she doubted the results would “be of great assistance” in sentencing but did not want them to form “the basis of any subsequent appeal”.

While Maione, her lawyer and supporters retired to a King William St cafe for four cups of coffee and a bottle of Coke, Ms Smith’s brother, Steve, said his family was angry.

He said they believed the scans were “a ploy" to “stretch out” the case “as long as she can”.

“Personally I think they’re plucking at straws … I’ve got bad smell but you can certainly smell rotting meat,” he said outside court.

“(Friday) being National Disability Day, I was hoping for an outcome where she’s sitting in jail and rotting away but that wasn’t the case.

“My sister’s not here and (Maione) is with her family at Christmas – where’s the fairness in that?”

Rosa Maria Maione. Picture: Naomi Jellicoe

Annie Smith. Picture: Disability Royal Commission

In July, Maione, 69, pleaded guilty to one count of manslaughter over the April 2020 death of Ms Smith, 54, but was in September allowed to remain on bail.

Ms Smith was left in degrading circumstances and without nourishing food for most of a year, while her belongings went missing and loans were taken out in her name.

On Friday, Stephen Ey, for Maione, said an ear, nose and throat specialist had booked his client in for “an MRI and a CAT scan” over “issues to do with her smell and taste”.

“Part of the allegation are that the smell (in Ms Smith’s home) was putrid,” he said.

“This may not take us any great distance but the doctor has established her smell and taste was impacted.”

His submission prompted Justice Bampton to ask: “What about her eyesight?”

Over the objection of prosecutors, she allowed Maione to remain on bail to attend the appointments and return to court in February.

“The only reason I’m not revoking bail is so this can take place but I put on record that I don’t think it’s going to be of any great assistance to the court,” Justice Bampton said.

“However, I don’t want it to be the basis for any subsequent appeal.”