Integrity Care’s lawyers block Annie Smith neglect investigation by claiming legal privilege over documents seized by police

Directors of the company that employed the carer charged over Annie Smith’s death are blocking the police investigation with an unusual legal manoeuvre.

The police investigation into the company that employed the carer charged with the manslaughter of Annie Smith has been blocked for the past six months.

Lawyers for Integrity Care SA’s three directors have claimed legal professional privilege over all material seized as part of the investigation in an unusual move which has brought the police inquiry into the firm to a standstill.

The move has not only stopped the police investigation into Integrity Care from proceeding, but has also prevented any potential new evidence in the case against charged carer Rosemary Maione from being uncovered and hampered the preparation of the court brief of evidence against her.

The LPP claim covers material including client files, employee timesheets, rosters, correspondence and computer hard drives seized from Integrity Care’s Edwardstown premises and the Huntfield Heights home of two directors last year.

The bulk of the material was seized when Major Crime detectives raided the Edwardstown premises of Integrity Care on September 8 last year.

The move to exclude all of the seized material, which was made shortly after the raids, is unusual because claims for legal professional privilege in criminal investigations are normally only made to protect communications between those being investigated and their lawyers.

Major Crime officer-in-charge Detective Superintendent Des Bray and Detective Senior Sergeant Phil Neagle seize evidence from Integrity Care at Edwardstown in September last year. Picture: Tom Huntley

Police leave a southern suburbs home believed to be the home of an Integrity Care director with documents in September last year. Picture: Tait Schmaal

In response to questions from The Advertiser, Major Crime Investigation Branch officer-in-charge Detective Superintendent Des Bray on Friday confirmed the legal manoeuvre, but declined to elaborate at length.

“Police can confirm solicitors acting on behalf of Integrity Care SA have lodged claims of legal professional privilege on all material seized from Integrity Care SA throughout 2020,’’ he said.

“As such police cannot review any of the material to determine its evidentiary value to the investigation into the death of Annie Smith until these claims are resolved.

“The legal process has begun to challenge the claims and SAPOL has no further comment at this time.’’

It is understood Crown lawyers are now liaising with Integrity Care’s lawyers, Iles Selley, to have the material examined independently to determine the validity of the LPP claims.

At the time of Ms Smith’s care and her subsequent death, the directors of Integrity Care SA were Amy-June Collins, her partner Philip Greenland and Alison Maree Virgo, Ms Collins’ sister.

Detectives last year said while some Integrity Care staff had co-operated with the investigation, some staff were declining to answer “even the simplest of questions’’ and were refusing to co-operate.

Annie Smith, 54, who had cerebral palsy, died in horrifying and degrading circumstances at her Kensington Park home in April last year. She spent the past months of her life in a sedentary state in a chair in the loungeroom of her home.

Annie Smith died in horrifying circumstances of neglect.

Rosemary Maione leaves the Adelaide Women’s Prison with her son after being released on bail in August last year. She is charged with Annie Smith’s manslaughter. Picture: Brenton Edwards

Rosemary Maione, her carer for several years, was charged with her manslaughter in August last year. She will appear in Adelaide Magistrates Court next month for a charge determination.

Despite the manslaughter charge, detectives are also conducting a coronial investigation and a detailed financial investigation to determine how a sizeable inheritance Ms Smith received from her parents was exhausted.

As part of that investigation detectives are still attempting to locate numerous pieces of distinctive, handcrafted jewellery and hair clips Ms Smith had purchased in the years prior to her death.

The NDIS Quality and Safeguards Commission launched an investigation into Integrity Care SA when it was advised of Ms Smith’s death. In June the company was advised it would be banned from operating and its registration as a provider was being revoked.

In May last year the company was issued with a compliance order and was also fined $12,600 over its failure to notify the commission of Ms Smith’s death within 24 hours.

A senior legal figure said legal professional privilege was usually only claimed to protect any communications between a lawyer and their client.

“When the claim is made it is usually resolved using an independent third party,’’ the source said.

“This usually involves each document included in the claim being examined to determine if it is covered. If agreement is not reached the matter may well be escalated to the Supreme Court to decide.’’

The legal figure said such claims were common when police raided a lawyer’s office and seized documents as part of their investigation.

He said it was likely any communications that had occurred between those being investigated and their lawyer after the investigation had commenced would be covered by LPP.

“But I would think it most unlikely that anything created before that investigation commenced, such as business records and any communications between staff and those being investigated would be covered,’’ the legal figure said.

Integrity Care’s directors did not respond when contacted through their lawyers by The Advertiser on Friday.