McLeod inquest: Tears as child sexual abuse claims detailed in court

A child safety worker has broken down in court after learning one of four children killed when the car driven by their mother crashed with a truck had disclosed alleged sexual abuse to police.

A child safety worker has broken down in the witness box after learning one of four children killed when the car being driven by their mother crashed with a truck had previously disclosed alleged sexual abuse to police.

The inquest into the deaths of mother Charmaine McLeod and her children Aaleyn, 6, Matilda, 5, Wyatt, 4, and Zaidok, 2, in May 2019 following a crash on the Bunya Highway near Kingaroy has entered its third week.

The inquest heard Department of Child Safety senior team leader Manik Backwell was tasked with investigating Ms McLeod’s notification to the department in 2018 alleging Wyatt had been sexually abused.

A joint investigation with police was requested by Child Safety, however police declined citing a number of “vexatious and proven false reports” the mother had previously made against former partner James McLeod of domestic violence and sexual abuse of herself and her children.

Charmaine Harris McLeod and her four children were killed in a car crash near Kingaroy on Monday night. Picture: Supplied

Police told the department a previous complaint by Ms McLeod of alleged sexual abuse of her daughter Matilda was determined to be “unfounded and vexatious”.

The inquest heard that during a police interview Matilda had made claims of sexual abuse however police ultimately determined the allegation to be unfounded.

When Ms Backwell requested a report about the unfounded matter police provided a summary that the evidence indicated the events did not occur.

She was not informed that Matilda had made a disclosure of alleged abuse, the inquest heard.

Ms Backwell broke down in tears when counsel assisting the coroner, Kylie Hillard, read out Matilda’s disclosure of alleged sexual abuse.

“I just didn’t know that,” Ms Backwell said.

“It must be very distressing to you to find out you haven’t been given all information,” Ms Hillard asked.

“Yes,” Ms Backwell responded.

But when questioned later by barrister Emily Cooper, representing the Queensland Police Commissioner, Ms Backwell accepted the material given to her by police had included the details of Matilda’s disclosure of alleged abuse”

The inquest heard when Ms Backwell interviewed Wyatt and Matilda no disclosures of abuse were made.

James McLeod leaves the Magistrates Court in Brisbane. Picture: Dan Peled / NCA NewsWire

Her report into the allegation involving Wyatt found sexual abuse was not substantiated.

The inquest heard the allegation involving Wyatt came to police attention again in 2019.

James McLeod’s barrister, Amelia Hughes, said Ms McLeod attended the Hervey Bay police station in May 2019 and said Wyatt had made disclosures of sexual abuse to a counsellor.

Investigating police then spoke to the counsellor who told them Wyatt had never made any disclosures of being a victim of sexual offences, Ms Hughes said.

The inquest heard Mr McLeod had told the Department of Child Safety that Ms McLeod had attempted suicide 10 times in the past, including on two occasions in front of the children.

Ms Backwell said she had been aware of this information but it had not been confirmed with Queensland Health.

During her involvement with the family it was determined by the department the children were safe in Ms McLeod’s care.

Ms Hughes asked if the department had any plan in place in case Ms McLeod “ended up in a state of crisis, such as a suicide attempt, while she was the primary carer of the children”.

The McLeod children, who lost their lives in May 2019 when a car being driven by their mother crashed with a truck. Picture: Supplied

Ms Backwell said Ms McLeod was supported by various organisations in Hervey Bay.

“My assessment was that was enough at that time,” she said.

Two days before the fatal collision Ms McLeod contacted the department saying her stress levels were increasing because of ongoing custody issues, and that she felt like giving up and giving the children to their father “as she believes it’s a battle she cannot win”.

The inquest heard the department, in response, recorded a child concern report which is below the level of a notification.

Ms Backwell was not involved in this decision but was asked whether in her opinion it reached the threshold of a notification.

She said it was hard to make a determination without knowing what other information was at hand.