Ann Marie Smith’s carer Rosemary Maione charged with manslaughter by SA detectives
SA detectives have charged neglect victim Annie Smith’s longtime carer Rosemary Maione with her manslaughter – and now are investigating others who took part in Ms Smith’s care.
Police & Courts
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The carer of neglect victim Annie Smith has been arrested and charged with her manslaughter.
Major Crime detectives on Thursday morning detained Rosemary Maione, 68, at her son’s Hectorville home and took her to the city watch-house where she was formally charged.
Detectives also searched that premises and another at Banksia Park for evidence connected to the investigation.
Maione is expected to appear in Adelaide Magistrates Court later on Thursday to face the charge.
The dramatic development in the case follows a painstaking investigation by a 17-strong Major Crime taskforce – dubbed Giles – formed to investigate her shocking death.
It has also sparked various investigations at a state and federal level into deficiencies in the NDIS program and the supervision of vulnerable individuals.
Major Crime Investigation Branch officer-in-charge Detective Superintendent Des Bray said the taskforce investigation would now be widened to closely examine the roles of others in the provision of her care and the coronial investigation would also continue.
“I would like to thank everyone who has contributed to the investigation. The support from the community has been outstanding and has made a big difference to the investigation,’’ he said.
“I encourage anyone who still has information but has not come forward to do so as soon as possible.
“It is critically important for everybody to help because if they do and we can compile a comprehensive brief for the coroner, together we can make a difference and ensure that something like this never ever happens again.’’
He said while the investigation had been complex, “to actually get to this point as quickly as we did is remarkable for this type of investigation”.
Shocking conditions
Ms Smith, 54, died in Royal Adelaide Hospital on April 6, the day after Ms Maione called an ambulance to Ms Smith’s Kensington Park home.
Evidence indicates Ms Smith had spent most of the year leading up to her death in an almost sedentary state, living in putrid conditions in a woven cane chair in the loungeroom of her home.
The cane chair and carpet underneath it was soaked in urine and faeces to the extent that when removed, the cement slab was stained and soiled.
When admitted to hospital in a semiconscious state, Ms Smith was suffering septic shock from severe pressure sores, organ failure, extremely poor dental hygiene and malnutrition.
After major surgery, Ms Smith was given palliative care and died the next day.
After being advised several days later that Ms Smith died of septic shock and multiple organ failure because of neglect, police launched an investigation.
Initially examined by Coroner’s Section investigators, the inquiry was upgraded and Taskforce Giles formed on April 17 after her living conditions were examined and the extent of her neglect uncovered.
Police investigations at her home revealed there was no refrigerator to store food and there was no food of any nutritional value in the house.
The food that was there included potato chips, packets of Cup a Soup, chocolate and soft drink. Pasta with an expiry date of 2014 was also found.
Astonishingly, there was no lifting device in the house to help Ms Smith’s carer in washing her and changing her clothing – which appears to have been infrequent.
It is understood the bathroom and toilet had not been used for some time – with both in a dusty, unclean condition. An almost full tube of toothpaste found in the bathroom had an expiry date of 2017.
Sadly, Ms Smith’s disability rendered her unable to clean her own teeth.
Appeal for information
Even more disturbingly, detectives discovered no evidence she received any medical treatment in the past few years of her life, with an appeal made for any medical practitioner, physiotherapist, dentist or nurse who may have helped her since 2015 to come forward.
Det. Supt. Bray said investigators have been able to build a picture of Annie’s life since the death of her parents in 2009.
“Between 2009 and 2018 Annie led a more active and outgoing life,’’ he said.
“Between 2018 and 2020 she became increasingly socially isolated and the quality of her life deteriorated rapidly.’’
He said detectives had still not located any dentists who had provided services to her “at any stage of her life’’ and encouraged any who may have treated her to come forward.
Similarly, no doctors or medical records since 2014 have been uncovered.
Her carer for the past seven years, Rosemary Maione, was employed by provider Integrity Care (SA) Ltd until she was sacked on May 18 – just days after the police investigation was revealed.
On June 19 The Advertiser revealed a large cash inheritance left to Ms Smith had been steadily drained from her bank account.
Besides the withdrawn cash inheritance, left to her by her parents in 2009, it was also revealed Ms Smith took out two loans totalling $70,000 over the past six years – the proceeds of which had also vanished.
The loans, obtained from small lenders, were allegedly for travel and buying a new vehicle – neither of which Ms Smith did. Police said because of her physical disability, it was “most unlikely’’ she would have obtained the loans without help from another person.
While Ms Smith – who preferred to be called Annie – was known to be generous to her friends, it is possible this generosity may have been exploited.
Det. Supt. Bray said the financial investigation was ongoing and would take a considerable time to complete.
“We will assess what, if any other charges should be laid at a later date,’’ he said.
The bombshell over her missing cash followed revelations that $35,000 of custom-made gold hair clips and bangles and two refrigerators were missing from Ms Smith’s home and that her car was being used for activities not connected with her care.
The police investigation into the death of Ms Smith has been one of the most unusual undertaken by Major Crime detectives.
Detectives searched a number of premises as part of the inquiry, along with executing search warrants in SA and interstate to obtain business records and other documents.
Spotlight on care company
Ms Maione, who has been staying with her son Vincenzo, had been working as Ms Smith’s carer for the past seven years, despite not holding a disability services employment clearance as required under legislation.
She was being paid under the NDIS to care for Ms Smith – including feeding and washing her – for six hours a day, seven days a week.
Integrity Care applied for her clearance certificate following Ms Smith’s death and it was granted on April 24, but it was subsequently cancelled on May 18 just days after the police investigation was revealed.
Police believe that besides Ms Maione, Ms Smith had no other regular visitors in recent years and since her fall, had not left the house.
Investigations have so far revealed that besides Ms Maione, it is most unlikely any other employee of Integrity Care ever visited Ms Smith’s Kensington Park home.
It is highly likely if that had occurred, action may have been taken to upgrade the care being given to her.
On July 17 The Advertiser revealed SAFEWORK SA had launched an investigation into the death of Annie Smith and that care provider Integrity Care SA had submitted Working with Vulnerable People applications for 33 of its workers 10 days after her death.
The Working with Vulnerable People clearances, which were submitted to the Human Services Department, are a legal requirement for the provider to claim funds from the National Disability Insurance Scheme for services provided to clients.
The Advertiser also revealed that Ms Maione’s son Vincenzo and his wife Rizzo may have been caring for Ms Smith at times, despite the fact neither were accredited carers.
The tragedy is also being investigated by retired Federal Court judge Alan Robertson QC at the request of the NDIS Quality and Safeguards Commission.
In May it was revealed that Ms Maione’s application – one of the 33 submitted by Integrity Care – was approved by the Human Services Department screening unit on April 24 but it was later revoked on May 18.
Despite being Ms Smith’s carer since 2013, Ms Maione did not have the necessary clearance. Government sources said her application was completed by her on April 14 and submitted by Integrity Care on April 15 – despite the fact it was first initiated by the company on August 6, 2019.
While Ms Maione’s clearance has been revoked, the status of the other 32 applications submitted by Integrity Care is unknown. The Human Services Department screening unit has launched an investigation into each of the Integrity Care workers who have applied for the clearances.
Human Services Minister Michelle Lensink has declined to reveal if any of the 32 applications that were being investigated have been revoked.
ASIC records show Integrity Care (SA) is operated as an unlisted non-profit company. Its three directors are listed as Amy-June Collins, Philip John Greenland and Alison Maree Virgo. Collins, who is also company secretary, and Greenland share a house at Huntfield Heights, while Virgo resides nearby in the same suburb.
The NDIS Quality and Assurance Commission has already taken action against Integrity Care over Ms Smith’s death, fining the company $12,600 for failing to report it within 24 hours as required.
In October 2017 the company was subject to a performance review by the Human Services Department that resulted in four “issues of deficit’’ in its performance requirements.
The company took action to address the four issues in February 2018.
In 2013, Integrity Care was also advised that allegations of theft had been levelled at Ms Maione by the families of several individuals to whom she was providing care services. As a result of those allegations, she was banned from working for Domiciliary Care clients – but she was still allowed to care for other clients. Police were not advised of the theft allegations.
The future operations of Integrity Care rest with the NDIS Quality and Safeguards Commission, which is conducting an audit into the company’s practices.
The directors of Integrity Care declined to comment on Ms Maione’s arrest when contacted.
Opposition spokesperson for Human Services Nat Cook said the state government should now take action against the care provider.
“Now that a worker from Integrity Care has been arrested for manslaughter, the Marshall Liberal Government has no choice but to shut the provider down,’’ she said.
“They simply cannot and must not be trusted to provide oversight of care to any South Australians.
“The Marshall Government must also rule out that Integrity Care has been providing any state funded services to vulnerable South Australians.”
Ms Maione’s lawyer Stephen Ey also declined to comment on his client’s arrest when contacted.
Human Services Minister Michelle Lensink said if the NDIS Quality and Safeguards Commission investigation found Integrity Care to be in breach of laws and regulations, the power to deregister them sits with the Commission as the regulator.
“The State Government absolutely supports decisive action and deregistration of any organisation found to be in serious breach of the laws and regulations that protect people with disability from abuse and neglect,’’ she said.
“The State Government has been fully co-operating with the Federal Government and the NDIS Quality and Safeguards Commission’s independent review into circumstances relating to the death of Ann Marie Smith – and we have already taken decisive and swift action to close urgent safeguarding gaps.”