Six years in prison for disabled worker Rosa Maria Maione for manslaughter

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“The tragedy is that if you had recognized your limitations and sought professional assistance…and if you and Integrity Care had provided that support safely and competently with skill and care, his death could have been prevented.”

Mrs. Smith had been cared for by her mother, until her death a few years before that of her daughter.

Speaking at the Supreme Court, Ms Smith’s brother, Glenn Smith, described how he split after raising concerns about ‘how her support workers were taking advantage of her’.

Ann Marie Smith’s brother, Glenn Smith, said in court that he felt his sister “[support] the workers took advantage of her”. (Picture: News)

The Supreme Court heard Ms Smith originally had ‘no problem with the decision-making’. However, her mobility became so restricted that she was “essentially bedridden” and then lived and slept in a rattan chair.

The court heard how the 54-year-old became “totally dependent” on Ms Maione. Working within the National Disability Insurance Scheme (NDIS), the disability support worker has been hired to perform six hours of daily care for Ms Smith, every day of the week, with an additional two hours for shopping and cleaning .

Those hours were well below the amount needed, the prosecution argued. Mrs Smith would have needed two carers a day to help her with her basic routine and care – to do all the washing, grooming, food preparation, feeding and dressing.

It appeared Ms Maione would never have been able to lift Ms Smith on her own, and a gardener was called in to help twice.

At the start of the contract, Ms Maione was said to have known her limits as she suffered a shoulder injury in 2014, rendering her unable to continue working with high needs clients.

When presenting the sentence, the public prosecutor, through the attorney Lucy Board SCargued that Ms Maione would have clearly understood she was ‘unable’ to provide the care Ms Smith needed, but she never expressed her need for help.

It was discovered that Ms Smith, while in the care of Ms Maione, lived, slept and went to the bathroom in a rattan chair which investigators found so dirty it was beginning to decompose.

Prosecutor Boord previously addressed the court and said: ‘The question has to be asked, what has she been doing all this time at Ann Marie Smith?

Continuing, “She did not seek help…from her supervisors or medical professionals until it was too late.

“Ann Marie Smith’s negligence was not simply the failure to move her from that rattan chair, Ann Marie Smith’s negligence was absolute; she wasn’t fed properly, she wasn’t washed properly, she wasn’t washed properly, her teeth weren’t cleaned.

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