Former Goodstart Early Learning Centre Edmonton educator Dionne Batrice Grills left toddler in bus with centre director Michael Lewis, court hears

The barrister for a former Goodstart Early Learning Edmonton employee charged with manslaughter after a three-year-old boy was found dead in a minibus in February 2020 has outlined why a jury ought not convict his client.

A former Goodstart Early Learning Centre Edmonton employee charged with manslaughter after a three-year-old boy was found dead after being left on a minibus on a summer day in Cairns in 2020 has pleaded not guilty at the start of her trial.

Dionne Batrice Grills, 36, was arraigned on one count of manslaughter in the Cairns Supreme Court on Tuesday morning, where she entered a plea of not guilty to causing the death of Maliq “Meeky” Nicholas Floyd Namok-Malamoo.

The trial is expected to last five days, and will run into the Tuesday and Wednesday after Easter.

Justice Peter Applegarth told the jury the manslaughter trial, as particularised by the prosecution, was one of criminal negligence.

Opening the case for the prosecution, Crown prosecutor Nathan Crane told the jury that on the afternoon of February 18, 2020, Maliq was found dead on a minibus operated by the Goodstart Early Learning Edmonton.

Mr Crane said Meeky – as he was called by his mum and others – was buckled into the back of the bus.

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“It wasn’t the case he could get out of the bus. He died because he was forgotten,” Mr Crane said.

Mr Crane said it was the two educators who were the last to see him alive – centre director Michael Lewis and lead educator Dionne Grills – who had care of Meeky, and they did not take him out of the bus.

The court heard Mr Crane outline the circumstances of the day – the centre was down one of its fleet of two buses, school drop-offs were delayed, and Maliq had not been picked up when he was meant to be.

It was decided that after completing the school drop-offs with Ms Grills in tow, the pair would go and pick up Maliq before returning to the centre, Mr Crane told the court.

Mr Crane said the jury would hear from Mr Lewis, who as he was backing the minibus into its parking spot out the front of the childcare centre said to Ms Grills: “You get him, I got to go”.

Mr Crane said the Crown was not advancing a case where it could say Ms Grills heard what Mr Lewis said.

Maliq “Meeky” Namok-Malamoo, 3, died after he was left for six hours in a day care centre bus in Cairns.

The court heard Ms Grills got out of the bus and walked away.

Mr Crane said Mr Lewis looked down at a phone, was distracted by what was on the console, and went into the office to confront the centre’s assistant director Samantha Hembrow as to why the second bus wasn’t picked up that morning.

“He thought he heard a door open, and he was wrong, and Maliq stayed in that van.”

Defence barrister Tony Kimmins also provided an opening, identifying aspects of the case he saw as important.

Taking the jury through the elements relied on to establish guilt through criminal negligence – that the prosecution must prove beyond reasonable doubt that Ms Grills owed the prescribed duty of care, that she omitted to perform that duty, and that the omission therefore caused the death of Maliq – Mr Kimmins told the jury “all three of those things are in dispute”.

Mr Kimmins said the particulars of the prosecution’s case “really revolve around a very short period of time”.

Barrister Tony Kimmins arriving at court on Tuesday morning.

“It’s really after the bus has come back to the child care centre that is pivotal as to whether the prosecution has established its case beyond reasonable doubt,” he said.

Mr Kimmins pointed to Mr Crane’s outline where he said Mr Lewis reversed the bus back into its parking place at the childcare centre, and the other two people in the bus were Ms Grills and Maliq.

“As I understand what Mr Crane indicated to you – that Ms Grills got out of the car and walked away, leaving two people in or about the car,” he said.

“It’s not as if she walked away without another adult being there, and in fact you’ll hear in due course Mr Lewis was in fact her boss.

“She walked away from the bus leaving her boss in the bus with the child. So that is realistically, the situation.”

Mr Kimmins said that if the jury found there was an omission on his client’s behalf, then the jury would have to consider what else would be “part and parcel of this particular case”.

You will have to consider that in fact the authorities took action against the childcare centre and prosecuted them for a number of offences – for which they pleaded guilty to.

Goodstart Early Learning Edmonton centre director Michael Glenn Lewis, 45, leaving the Cairns watch house with his solicitor Derek Perkins. PICTURE: STEWART McLEAN

Mr Kimmins said they would also have to take into account Mr Lewis’ plea of guilty to manslaughter.

He said Mr Lewis’ evidence was pivotal to the prosecution case – and that the jury should treat it with caution.

Mr Kimmins said that after Mr Lewis was sentenced for Maliq’s manslaughter, he said to police officers at the conclusion of an interview in the watch house: “I hope you guys can get Dionne, honest to God.”

“Be very cognisant of the fact that I’ll be suggesting there has been a rewrite of history,” he said.

“Please don’t too quickly come to any conclusion unless and until all of the evidence has been heard.”

Originally published as Former Goodstart Early Learning Centre Edmonton educator Dionne Batrice Grills left toddler in bus with centre director Michael Lewis, court hears