Berry Patch baby Arianna Maragol’s parents fight for answers after death

A shattered family whose daughter died after she was found unresponsive at a Sydney preschool has welcomed a guilty verdict against the facility and its boss. But their quest for answers is far from over.

As Jozef Maragol learned The Berry Patch Preschool and its boss were found guilty for failing to protect children from harm, he declared it a miracle from God but the outcome of the criminal proceeds has sparked mixed feelings.

It’s been four excruciating years since Mr Maragol and his wife Anet Eyvazians’s daughter Arianna died after being found unresponsive at the Kellyville Ridge facility on August 24 2018, but their search for answers continues.

“It’s been comforting that our battle for the last four years and three months has been acknowledged by the court system, but at the same time it’s difficult to accept that if it wasn’t for us to pursue and persist, this judgment would not have happened,’’ Mr Maragol said.

“Sometimes I think if I wasn’t pushing for all this, nothing would have happened and Berry Patch would have got off scot-free.’’

On Wednesday at Sydney’s Downing Centre Local Court, Berry Patch owner Helen Jacobs was found guilty of failing to protect children from harm. The six charges did not relate to responsibility for the baby’s death.

Arianna Maragol was 16 months old when tragedy struck.

The centre faced 10 criminal charges and was found guilty of all but three charges. Jacobs and the centre were fined more than $140,000.

Berry Patch’s methods for checking on babies while they slept in cots, particularly the reliance of CCTV monitors instead of physical checks, came under scrutiny during the hearing.

The guilty verdict was a long-fought win for Arianna’s parents.

Mr Maragol said he thought that his daughter might still be alive if the centre had done its duty.

A coronial inquest and civil proceedings against the Education Department and Berry Patch are pending and expected to spill the family’s legal expenses to more than $300,000.

On one occasion, Mr Maragol, the director for an IT consulting company, shelled out $10,000 for a two-page document from his lawyers.

An autopsy was inconclusive about what happened the day Mr Maragol dropped his daughter off at the centre, where she had attended since January 2018, and why she was pronounced dead at Westmead Hospital shortly after 1.20pm.

Mr Maragol said his wife gave her daughter Panadol before she was dropped off at the centre about 7.30am and she called before 11am to see how her daughter was doing.

Jozef Maragol and Anet Eyvazians with their son Samuel. Picture: Sam Ruttyn

The court heard how Arianna was not checked for three hours on the day she died. The educator in charge of her that day, Gabrielle Kahill, could not recall if the baby ate watermelon or just picked at the fruit before she was put to sleep in her cot.

Ms Kahill, who does not face charges and is not accused of any wrongdoing, was cross-examined last week when she told the court it was not an expectation to carry out a physical check if the baby could not be seen on the monitor.

Arianna’s family, from The Ponds, says their pain has been exacerbated by the lack of communication from Berry Patch since the tragedy.

Mr Maragol said no one from the centre was at the hospital to meet them when their daughter died or afterwards.

“At no time has anyone from the place picked up a phone and called to say, ‘My condolences Mr Maragol, sorry for your loss’. They’ve just dragged us through the court system. How much more should my family go through? We’re already devastated.

“These people have been disrespectful not only to my family, not only for the loss of Arianna’s life but the broader community.

“I think they should be doing something else, not child care.’’

Magistrate David Price slammed the Education Department for approving the regular use of the CCTV methods to check on children saying “they should be ashamed of themselves”.

The bureaucratic battle has meant years of dealing with the department, the Education Minister, law firms, realms of emails from 2019 — all which forces the family to relive the tragedy. However, the family remains defiant.

“I think these people, they just wanted to crack me,’’ Mr Maragol said.

“They just wanted me to go away.

Helen Jacobs (front) leaves Downing Centre Local Court with Berry Patch director Melinda Brown (back) after Helen was convicted and found guilty of failing to protect children from harm. Ms Brown was not charged and is not accused of any wrongdoing.

“I’m not sure if these people have their own kids or not. People get paid for what you do. Just do it right.’’

The NSW Education Department prosecuted the case. Ironically, civil proceedings against the department and Berry Patch are pending.

“It’s been four years and we still haven’t got to the end point,’’ Mr Maragol said.

“I think we deserve closure. We deserve to take a step forward. Everyone has moved on and we’re stuck on the 24th of August 2018.’’

A date has not yet been set for the inquest.

Anet and Jozef waited a decade to have their first child, with Arianna born just a fortnight before their 10th wedding anniversary so they could provide more opportunities for her.

She was the first grandchild from her mum and dad’s families, who have Iranian heritage.

Her mother’s brother was due to fly in from Chicago to meet his niece the Monday following her death but instead attended her funeral.

In June 2019, the couple’s second child, Samuel, was born.

“Samuel will never see Arianna,’’ Mr Maragol said. “Samuel, he’s alone. Samuel has to fast track all his childhood years … because we’re so protective of him.’’

His wife quit her job of more than 10 years as an office manager and won’t return to the workforce so she can look after Samuel.

“We cannot leave Samuel with no one,’’ Mr Maragol said. “Even now we think he’s not going to go to school, he’s going to be doing homeschooling. We can’t trust the system.’’

The devout Christians do hold hope they can find answers for their “voiceless child’’.

“Someone from up there is looking,’’ Mr Maragol said.

“You can’t hide this stuff and I’m sure Arianna will have some justice.’’

Berry Patch, which has five centres in Sydney, was contacted for comment.