Fatal boob job beautician back on streets
A CHINESE woman charged with manslaughter over a boob job gone wrong has been released from immigration detention.
NSW
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A CHINESE woman charged with manslaughter over a boob job gone wrong has been released from immigration detention.
In its decision to release Yueqiong Fu from detention, the Administrative Appeals Tribunal took the extraordinary step of questioning if charges laid by NSW Police against the beauty practitioner were “reasonable”.
Fu was charged with manslaughter, using poison to endanger life and hindering a police investigation last September after she administered a lethal dose of anaesthetic to her boss Jean Huang, who was having fillers injected into her breasts at her beauty clinic.
Fu, who was unregistered to practice, administered anaesthetic to Ms Huang, who went into cardiac arrest and died, despite Fu’s attempts to resuscitate her.
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The 29-year-old was initially refused bail and held on remand but was granted bail on October 27 last year.
On Fu’s release from custody, a delegate for Home Affairs Minister Peter Dutton cancelled her student visa and threw her into immigration detention.
But The Saturday Telegraph can reveal the AAT this week overturned Mr Dutton’s decision and Fu is back on the streets of Sydney.
The judgment states while it can be “inferred the police had some basis for laying the charges, it cannot be concluded … that the basis for the charges are reasonable”.
“The current prosecution guidelines make it clear that while it is ultimately for the DPP to decide whether to continue with a prosecution and whether there is sufficient evidence to support a conviction, the laying of charges rests with the police,” the judgment reads.
“The DPP may give advice to the NSW Police on the sufficiency of evidence or the appropriateness of charges. However, there is no evidence about whether this happened in this case before the laying of charges.”
The tribunal’s judgment states that Fu “must have known, or at least been reckless or negligent in respect of the potential risks”.
But it overruled the Home Affairs Minister’s view that she could pose a community risk, ruling that “it is unlikely she would undertake or be in the position to undertake any further unregulated medical procedures between the time of this decision and 18 April 2018.
“In this case, the applicant has not yet pleaded to the charges but she denies them. She has not yet been committed for trial and there is no evidence before the tribunal about whether a brief of evidence has been provided to the applicant.
“There is no evidence that the applicant is employed or likely to be employed in a cosmetic clinic over the next two weeks. She says she is attempting to deal with her criminal case, which is found difficult to do from immigration detention.”
Mr Dutton was unable to comment on the particulars of the case but has been critical of many determinations by the Administrative Appeals Tribunal over the past two years.