Teen alleged killer in Child Safety Department care for four years
The teen charged with killing a grandmother when he allegedly ran a red light in a stolen car has been in state care since age 12, with a mother who told him she doesn’t care about his situation, as media have been banned from court.
Police & Courts
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An innocent grandmother killed after a teen allegedly crashed a stolen car has been remembered as a kind and generous woman, as lawyers for the boy have revealed he had been in the care of the Department of Child Safety for four years.
Rosemary Franzidis, 69, died on Thursday after an alleged stolen Audi driven by a 16-year-old boy ploughed into her sedan while she was driving on Dohles Rocks Rd at Murrumba Downs.
Her heartbroken family have remembered the much-loved mother and grandmother as a woman of faith who was adored by her loved ones.
“Everybody who met Rose felt her love, kindness and generosity,” the family said.
“She is survived by her husband of nearly 50 years, three daughters, and three beautiful grandchildren.”
Police allege the 16-year-old alleged driver was wanted for attempted armed robberies and the theft of a blue Audi just minutes earlier.
The boy, from Caboolture, was charged on Thursday night with manslaughter, armed robbery, unlawful use of a motor vehicle and two counts of assault occasioning bodily harm.
An orange Holden Barina allegedly linked to the teen and others in the lead-up to the Audi theft was found by police on Friday and examined by forensic specialists.
The case against the teenager in Brisbane Children’s Court on Friday was a major test of Youth Justice Act changes which took effect in September, designed to give media representatives better access to court cases involving juveniles.
Before the case was heard, Youth Advocacy Centre solicitor Alzena Mariani – representing the accused child – applied for journalists to be excluded from hearing the case.
At the scene on Thursday, Chief Superintendent Adam Guild said the boy was known to police and confirmed he had matters before the court but said he believed the youth wasn’t on bail at the time.
Ms Mariani told the court on Friday that her client was “not a frequent flyer”.
“He is not what would be termed ‘a frequent flyer’, he has not been in and out of custody for example,” she said in her argument to remove the media.
“He has been in the care of the Department of Child Safety for the past four years, he has never met his father, he spoke to his mum yesterday and he instructs that she is not bothered by the situation he finds himself in.
“He doesn’t have any support in the community, I’ve made inquiries asking, prior to this happening, who was on your side and who were you talking to? That’s nobody – he has no family and no support, so I’m not sure what the Department of Child Safety was doing.”
Ms Mariani acknowledged the allegations were “of the most serious nature” and that “the public do have a right to know”.
“But my primary submission is that it is extraordinarily prejudicial for a 16-year-old child to have his name and details projected across the media, for allegations of which he has not fully comprehended,” she told the court.
“He received a significant amount of pain medication in hospital yesterday … he has not processed what has happened, he is in significant shock.
“He also has significant mental health concerns.”
In reply, media representatives highlighted – in reference to Ms Mariani’s claim that her client’s “name and details would be projected across the media” – that journalists were strictly prohibited by law from naming, or identifying, a child accused of any crime.
Spokespeople for the media contingent also referenced the legal changes which came into effect in September were partly aimed at meeting the public’s expectation of “more openness and transparency” in how the Children’s Courts operate, and allowing journalists to “follow cases from beginning to end”.
They also argued journalists should be allowed to hear the case in the interests of “open justice” and removal would hinder their ability to do their job.
“Can I stop you right there?” Magistrate Anne Thacker interjected at that point.
“You’re not going to learn anything more than what you already know, it’s a quick adjournment.”
Later, when a media representative started talking about the interests of the multiple alleged victims involved in this case, the magistrate cut them off.
“Alright, that’s sufficient for me to make a decision, thank you,” she said.
Magistrate Anne Thacker then excluded the media from hearing the case’s first mention.
“Given what has been said about the vulnerability of this 16-year-old, particularly his position with no other support in the community beyond the Department of Child Safety, and given his mental health concerns that need to be investigated further,” she said.
“But clearly as a start, he is on pain medication, and in all probability it is correct that he hasn’t processed what has happened to any extent yet.
“The public do have a right to know, and they can know. There is nothing more to know, you can obtain the adjournment date downstairs.”
The case will return to Brisbane Children’s Court on December 17.
The legislative changes which took effect at the start of September were a promise from then-Premier Steven Miles, designed to open the state’s Children’s Courts up to the victims of youth offenders, their families, and accredited media organisations.
Journalists who previously had to apply to be allowed in the court can now attend court proceedings if accredited unless an exclusion has been made on the basis to prevent prejudice or for the safety of any person including the child.
The new changes also saw victims of crime or the family of the victims who have died, including by homicide, attend court.
Journalists are still strictly prohibited from identifying children involved in criminal matters.
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