Hearing into death of Berry Patch baby Arianna Maragol continues

The worker looking after a baby who died after being found unresponsive in a Sydney preschool has given explosive evidence in court. The facility’s owner is defending several charges not linked to the child’s death.

Berry Patch worker Gabrielle Kahill after she gave evidence at Downing Centre Local Court.

Explosive evidence from the carer looking after a baby who was found unresponsive at a childcare centre has revealed she did not get training on undertaking cot checks.

The Berry Patch Preschool’s owner Helen Elizabeth Jacobs is fighting supervision and care charges that were laid after an investigation following the death of the 16-month-old in August 2018.

A criminal hearing surrounding alleged supervision and care breaches involving Ms Jacobs was heard at Parramatta Local Court in March 2021.

Ms Jacobs has pleaded not guilty to multiple charges, which include three counts of not adequately supervising children in care of service, and do not relate to responsibility for the child’s death four years ago.

Arianna Maragol was found unresponsive during nap time just after noon and was pronounced dead at Westmead Hospital after 1pm.

Anet Eyvazians with her daughter Arianna Maragol.

At Downing Centre Local Court on Thursday, five childcare workers, including Gabrielle Kahill, testified about the practices carried out, including cot checks, at the Keirle Rd centre.

Ms Kahill is not accused of any wrongdoing and does not face charges.

The court heard how on the day, Ms Kahill was working with Briana McPherson in the cot room and they used an app, which parents could access to check updates such as meals. The app also had an alarm function.

Under cross-examination, defence barrister Brendan Searson questioned Ms Kahill if she woke up Arianna to which Ms Kahill replied:

“We didn’t have consent from her parents to wake her up. I definitely always hear her. Hear her and (another child) snoring.’’

When Mr Searson asked her several questions about what supervision practices were undertaken while babies slept in cots, Ms Kahill agreed it was not an expectation to carry out a physical check if the baby could not be seen on the monitor.

“When you did the CCTV cot checks what were you looking for? An awake child?,” Mr Searson asked. “How could you determine they were awake?”

Ms Kahill said: “I don’t know.’’

She started crying.

Asked what she would do if they could not tell from monitors if babies were not moving or “physically breathing,” she said: “I don’t remember.’’

“Would you go inside the room?,’’ Mr Searson asked. Ms Kahill responded: “I don’t know.’’

The defence continued: “If kids are not making noise what would you do?” Ms Kahill said: “I don’t know.’’

Mr Searson asked: “If they weren’t moving would you go inside the room?’’ The witness again answered that she did not know.

Helen Jacobs leaves Downing Centre Local Court with barrister Brendan Searson (front).

Before giving evidence, the court heard how Ms Kahill was concerned about giving evidence while an inquest into Arianna’s death was pending and “may be concerned with what recommendations the coroner may make”.

However Magistrate David Price told the court he was not convinced a section 128 – in which a witness can object to giving certain evidence because it may incriminate them – was appropriate.

“I am satisfied the witness did not commit an offence nor is liable,’’ he said.

The court heard how Ms Kahill and other witnesses undertook a Red Nose online course about steps to reduce SIDS deaths but it did not cover how to carry out cot checks and how frequently they should be undertaken.

The hearing continues.