Family says legal delay halting Annie Smith’s neglect case is ‘disgusting’

As legal tactics grind the police investigation into the death of disability neglect victim Annie Smith to a halt, her family fears more lives could be lost.

Twelve months on from her tragic death, the family of disability neglect victim Annie Smith is increasingly worried justice will not be served in one of the state’s most shocking alleged mistreatment cases.

Ms Smith’s uncle, Glenn Smith, said a legal manoeuvre that had halted the police investigation into her death and NDIS provider Integrity Care SA was “disgusting and absolutely devastating to our families”.

“How can this be able to happen? It’s ludicrous,” said Mr Smith, 67, speaking on behalf of his own family and that of Ms Smith’s brother.

“I do believe that we will be here waiting for justice in another year and with just as many unanswered questions,” he said, adding there was no time to waste. “There are still so many gaps in the system that we believe will not stop cases like Annie’s from happening again.”

Ms Smith died aged 54 on April 6 last year from organ failure and septic shock.

A day earlier, the cerebral palsy sufferer was rushed from her home, in Kensington Park, to the Royal Adelaide Hospital, where she underwent surgery to remove rotting flesh caused by severe pressure sores.

Rosemary Maione, who is facing manslaughter charges over the death of Annie Smith leaves the Adelaide Women’s Prison after being released on bail. Picture: Brenton Edwards

Her disability carer, Rosemary Maione, is facing manslaughter charges in a police probe that began weeks after Ms Smith died.

Maione was employed by Integrity Care SA, which was banned last August from providing NDIS services by the national watchdog, the NDIS Quality and Safeguards Commission.

The Advertiser last week reported the directors of Integrity Care SA had made a claim for legal professional privilege over all material seized by detectives in a raid on September 8.

Moves are now being made to resolve the claim by having the material examined independently, but if that fails it will likely head to the Supreme Court for resolution.

Anne Smith’s uncle Glen, left, and brother fear justice may never be done in her case. Picture: Mike Burton

Integrity Care SA’s lawyers, Iles Selley Lawyers, denied the firm or its client had delayed police inquiries, arguing their claim of legal professional privilege was in accordance with normal processes.

“We have been in communication with police since last year about how to deal with those claims, but those issues have not yet been resolved, through no fault of this firm or of our client,” a spokesman said in a written statement.

New photos supplied by the family to the Sunday Mail reveal Annie in her 20s and 30s at a 21st celebration and at the family home in Skye, where she lived until her father’s sudden death in 2009. Her mother had died months earlier from breast cancer.

State and federal governments and disability agencies said Annie’s death had sparked change over the past year, with recommendations from a number of inquiries now in place.

Annie Smith at her brother's wedding in 1999. Picture: supplied by family

Annie Smith at a 21st celebration of a family member more than 20 years ago Picture: supplied by family

The State Government said it had actioned all seven recommendations from an independent state taskforce, including expanding the Adult Safeguarding Unit to cover vulnerable adults of any age. Previously it was restricted to people 65 and older.

Human Services Minister Michelle Lensink said the State Government would keep focusing on closing the gaps in the care system.

She urged South Australians, including providers, carers, families and community members, to be vigilant, to check in on loved ones and neighbours, and to never be afraid to speak up.

Opposition human services spokeswoman Nat Cook said a continuing, glaring gap was the failure of the NDIS Commission and the State Government’s Community Visitor Scheme to randomly spot check NDIS providers offering disability home care.

The state scheme visits state-run disability accommodation sites and was expanded after Annie’s death to include NDIS clients under the guardianship of the Public Advocate. The NDIS Commission can visit NDIS clients’ homes following complaints from multiple sources, and seek warrants.

“This would not have helped in Annie’s case,” Ms Cook said.

The NDIS Commission and the federal Social Services Department said Ms Smith’s death continued to shock and sadden people across Australia. They said national changes had included additional funding for the NDIS Commission to bolster regulation of providers, tougher rules for providers and carers regarding bans for misconduct, and NDIS worker screening by all jurisdictions by July 2021.

To report abuse and neglect of people living with disability call 1800 880 052.