Jennifer Wood: Childcare teacher cleared of assault, fails in cost application

A former head teacher at a Sydney childcare centre who was cleared of allegations she tried to tie a boy with a disability up with duct tape has been unsuccessful in her bid to have her legal costs repaid.

A Sydney childcare worker has been unsuccessful in her bid to have her legal costs repaid after charges relating to the alleged assault of a child with a disability were dismissed.

It had been alleged 33-year-old Jennifer Helen Wood duct taped a young boy with Down syndrome and laughed it off as a joke, but her legal team told the court a disgruntled manager had made up the accusations.

Magistrate Juliana Crofts dismissed the charges on April 11 on the grounds there was not enough evidence to satisfy her beyond reasonable doubt the assault took place.

Wood then made an application for the prosecution to pay her legal costs, claiming they never investigated the possibility that she was innocent.

Now, Magistrate Crofts has rejected that application, saying in Sydney’s Downing Centre Local Court there was not enough evidence to support Wood’s claim.

Jennifer Wood. Picture: Dylan Robinson

“The defence argues Ms Wood’s employment situation should have been more thoroughly investigated and they essentially had to investigate themselves by offering subpoenas,” she said.

“The prosecution argues the subpoenas weren’t required by police to prove the offence.”

“[The basis that] the defence brought the cross application was that the prosecutor unreasonably failed to investigate any other relevant matter and which suggested the accused might not have been guilty or that for any other reason the proceedings should not have been bought,” Magistrate Crofts said.

“I find the defence hasn’t provided sufficient evidence that the investigation was conducted in an unreasonable or improper matter … or that any of the proceedings should not have been brought. Therefore I decline to order costs.”

Under the now withdrawn allegations, police had alleged twice in 2017 Wood bound the wrists of a young boy with Down syndrome at the childcare centre where she worked as the head teacher.

Wood (face mask) leaves court on an earlier occasion. Picture: Dylan Robinson

She had been accused of tying up the boy by the hands with duct tape.

Police alleged that when asked by a witness what she was doing, she said it was just a joke.

Wood’s defence team argued the claims were fabricated because Wood had made multiple complaints against the management of the childcare centre’s chief executive.

It claimed a child with a disability was chosen as the centre of the fake allegations because they would unlikely be able to speak up about the incident.