Childcare worker Yolanda Borucki’s defence argues hacking charge retaliation for humiliation
The defence for Yolanda Borucki, who went to the press with allegations against her pedophile co-worker, has queried whether the charge was levelled against her for perceived humiliation.
The defence barrister for childcare worker Yolanda Borucki, who went to the press with allegations against her pedophile co-worker, Ashley Paul Griffith, has called into question whether the computer hacking charge levelled against her by former employer, the Uniting Church, was retaliation for perceived humiliation.
Former early learning operations manager, Yolanda Borucki, 60, pleaded not guilty in the Brisbane Magistrate Court on Tuesday to a single charge of using a “restricted” computer belonging to her employer, the Uniting Church, causing financial detriment of more than $5000.
But her Barrister Patrick McCafferty KC argued the police case failed to prove the grandmother broke the law when she sent 17 emails to her personal email address and a journalist in August 2023, insisting that the matter barely passed presented a civil case.
The prosecution argued that Ms Borucki knowingly sent a private and confidential report into an alleged incident in October 2021, between Griffith and a young girl in his care, to a journalist at A Current Affair.
The report found no wrongdoing to allegations Griffith appeared to kiss a sleeping girl in an outdoor fort. He pleaded guilty in September to 307 unrelated charges of child abuse.
“It’s difficult not to form the view that the Uniting Church has persistent with its charge because of abject humiliation it suffered by reason that can only have been either a fundamentally flawed or inadequate internal investigation into Ashley Griffith, a pedophile they employed,” Mr McCafferty said.
“That investigation enabled Griffith to continue to work with children. It permitted Griffith to return to work subject to mild conditions, including he be required to review two policies, one of which was called the relationships with children policy.
“It’s not simply ironic the prosecution in this case set to hold Ms Borucki criminally liable for an apparent breach of Uniting Church policy.”
He also the police case also failed to prove the Uniting Church had suffered damages in excess of $5,000.
“A policy cannot be the foundation for criminal liability,” Mr McCafferty said.
“Consent is provided by access. It is not to be defined and delineated with purpose to criminal law, by some vague policy.”
Special council Queensland Synod of the United Church of Australia, Malcolm Hinton, told the court on Monday that the church spent $11,000 on an insurance claim to engage forensic IT specialist services after the emails were sent.
Ms Borucki had been on workers’ compensation leave from early June 2023 when she was made redundant on July 31 due to a company restructuring, with her final day with the company scheduled two weeks later on August 11.
Throughout this time, Ms Borucki maintained access to her work-issued laptop, phone and accounts. Her direct manager, Belinda Briggs, also had access to her emails for operational matters and was notified by the IT manager about the 17 emails that were sent on August 3.
Prosecutor Bimal Raut argued in his closing that Ms Borucki was angry and agitated to have been made redundant and that she had no obligation to go to the media, which she knew was against the company’s privacy policy.
“The chronology of events, on relevance, might be the motivation of why she did it,” Dr Raut said
“If there’s any defence case theory that, well, there was some demonic person doing something bad things or that needed to be exposed … that fellow was already under the law enforcement agency, and nothing more needed to be done.
“She was never allowed, permitted to send emails to private email or to Channel 9. There’s no exception.
“She had no reason, no obligation, no necessity. There are no circumstances that warrant what she did.”
Magistrate Kerrie O’Callaghan is expected to deliver her decision on December 20.
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