Anthony and Johanna Donald sentenced for failing to report death

A man did not know failing to report a death was an offence, with his lawyer telling the court he had “never seen anyone charged with this”. SEE SENTENCE >>

A COUPLE has been sentenced for failing to report the death of a Malaysian national who overstayed her visa and avoided medical treatment for mouth cancer.

The Cranbrook couple faced “a great level of stress and anxiety”, with the court hearing there had been attempts to encourage the woman to seek treatment and deal with her visa situation.

Anthony Raymond Donald and Johanna Marolina Donald appeared before Acting Magistrate Sam Mollard in Hobart on Thursday over one count each of failing an obligation to report a death.

The pair pleaded guilty at an earlier date to not reporting the death of Soo Lan “Susie” Chuah, who passed away at 65 in August last year while living in a caravan on the couple’s property.

Mr Donald’s defence lawyer Garth Stevens said the 78-year-old man did not know it was an offence to not report a death.

Mr Stevens said Mr Donald thought the person living with Ms Chuah in the van was responsible for the duty.

The lawyer said Mr Donald did not know it was an offence not to tell the authorities about the death.

Johanna Marolina Donald and Anthony Raymond Donald outside the Hobart Magistrates Court.

“Of course that ignorance doesn’t excuse it – it explains why he didn’t do anything,” Mr Stevens said.

“In my seven years working in the criminal court I’ve never seen anyone charged with this.”

Mr Stevens said Mr Donald had pushed for Ms Chuah to address her visa situation and seek medical treatment, which resulted in her heading to the dentist, but deciding to get no further help.

The court heard at an earlier appearance Ms Chuah died in agony, and the person she lived with decided to bury her in accordance with her wishes in Tasmania, on the Donalds’ land, unbeknown to the couple.

Mr Stevens said Mr Donald told Ms Chuah’s cohabitant they were not to bury her on his land.

“That request was clearly ignored,” Mr Stevens said.

“He could not do more than he did in relation to trying to get proper treatment for (Ms Chauh).”

At an earlier court appearance, Mrs Donald’s lawyer Philippa Morgan said the 72-year-old had felt a “strong moral obligation to step away and honour the wishes of Susie”.

Mr Mollard described the case as “rare”.

He said the couple was obliged to report the death because they had “reasonable grounds to believe that it hadn’t been reported by someone else”.

“There would hardly be a soul alive that wouldn’t be aware of the general obligation regarding the reporting of a death,” Mr Mollard said.

He convicted them both and fined them $800 each.