Rosa Maria Maione, guilty of the manslaughter of disabled woman Annie Smith, seeks her forgiveness ‘every day’

The carer who killed Annie Smith told a court she speaks to her victim every day to “ask for forgiveness”, but her lawyer suggested others – even Ms Smith herself – were also to blame.

The carer who killed Annie Smith has publicly apologised for her crime, saying she “speaks” to her victim “every day, asking for her forgiveness”.

But while Rosa Maria Maione says she “accepts full responsibility” for her crime, her counsel has asked the court to recognise the role of others – including Ms Smith herself.

On Thursday Stephen Ey, for Maione, asked the Supreme Court to take victim impact statements authored by Ms Smith’s family “with a grain of salt”, asking: “Where were they?”

He said his client’s employer, Integrity Care, left her without adequate training and support – and said Ms Smith’s behaviour toward Maione helped erode their “clinical role boundaries”.

“There’s no doubt that the victim was a stubborn and difficult person … my client compromised herself and could not make hard decisions,” he said.

“It appears the victim was in fear of going into a home … she was stubborn, demanding.

“Maione just did not have the wherewithal or strength of character to be able to overcome what the victim demanded.”

Annie Smith. Picture: Supplied.

Maione, 69, pleaded guilty to one count of manslaughter over the April 2020 death of Ms Smith, 54.

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.

Despite her confession, Maione has remained on bail and further delayed sentencing by suggesting her “impacted” senses of taste and smell played a role in her crime.

On Tuesday, the court heard victim impact statements authored by Ms Smith’s family.

Her nieces mourned the loss of any chance of reconciling with her, while her uncle called Maione “a monster” lacking “common sense, common decency and common humanity”.

Her brother, Steve, said Maione had not only stolen his sister’s life but reignited pain over their parent’s death due to the subsequent loss of their treasured possessions.

He said the reason he and Ms Smith stopped speaking was over his fear she was being taken advantage of by Maione and her carers.

“It’s my hope that Maione never sees the light of day and rots in that cell the way she allowed my sister to rot in that chair,” he said.

Maione physically shook and wept in the dock as she “sincerely apologised and publicly took responsibility” for Ms Smith’s death.

“I’m so sorry that my actions could case so much distress,” she said.

“I talk to Annie every day and ask her to forgive me, I pray with all my heart, asking Annie to forgive me knowing nothing I say can bring her back.

“I will bear this guilt for the rest of my life.”

Mr Ey, for Maione, suggested the victim impact statements hinted at “sour grapes” within the estranged family’s dynamic.

“Where were they? Where were they over a number of years?” he said.

Rosa Maria Maione outside court. Picture: Mark Brake.

Lucy Boord, prosecuting, said that was “offensive” and missed the purpose of giving victims a voice in court.

She said Ms Smith had died due to multi-organ failure as a result of sepsis, having been left unattended “for many, many months” in a cane chair.

One side of Ms Smith’s body had turned “necrotic” from shoulder to foot, with a 15cm deep pressure sore exposing her hip bone.

She was “malodorous” and had “wasted away” from dehydration and malnutrition.

“I do not think we are ever going to be able to say exactly what period of time (she was neglected for),” Ms Boord said.

“The neglect of Annie Smith was absolute and, when I say ‘absolute’, the chair had started to decompose.”

Ms Boord said Maione was paid to provide six hours of care per day, seven days a week, when Ms Smith’s cerebral palsy required 24-hour assistance from two carers.

She said that, since her arrest, Maione’s responses to Ms Smith’s death had “ranged from complete apathy to victim-blaming, to blaming Integrity Care”.

Maione had, she said, even blamed Ms Smith’s for own malnutrition, claiming she had “wanted to diet”.

Justice Anne Bampton said there could be no doubt “there is culpability resting on the door” of the company, which is the subject of an ongoing investigation.

She also questioned the role and responsibilities of NDIS staff who dictated the level of care Ms Smith received, and whether it had ever inquired after her.

“Maione was grossly incompetent, right from the word ‘go’, to look after a woman like Ms Smith,” she said.

She revoked Maione’s bail and remanded her in custody for sentencing next week.