A childcare worker who warned authorities about one of Australia’s worst pedophiles has been found not guilty and charges against her for accessing confidential records have been dropped. Yolanda Borucki, 59, was charged with using a restricted computer service and causing more than $5,000 in damages to her former employer. She was a former colleague of Queensland childcare worker Ashley Paul Griffith, 45, who was sentenced to life in prison last November for 1,600 child abuse offences.
Yolanda Borucki. (A Current Affair) Borucki and Griffith worked at the same childcare centre in 2021, with Griffith helping to report him to authorities that year. The charges relate to Borucki taking confidential records of children at the childcare centre from her home in Brisbane on August 3 and sending them to an A Current Affair reporter. Borucki has previously appeared on the programme and said she had reported Griffith to authorities two years earlier about his alleged misconduct with young children. She was charged after the report was broadcast. On Friday, Magistrate Kerrie O’Callaghan found Borucki not guilty and dismissed the charges because there was no evidence she had used a work computer to send emails. “There was no evidence that there was communication about the policy and the policy document itself had nothing to do with the use of computers by employees,” the magistrate told the court. “There was no evidence that any restrictions were placed on Ms Borucki’s use of the computer. Therefore, even if I am satisfied that she used the computer to send emails, I am still not satisfied that such use was without the consent of the controller.”
Ashley Griffiths (supplied) O’Callaghan also found the prosecution had failed to prove that Borucki did not have permission to send the emails, or that sending them would cause harm. Prosecutors argued that Borucki caused psychological harm to the families involved in the disclosures. They relied on oral evidence from a parent who felt “distressed” after watching the show because she was unaware of details of her behaviour regarding her children. “It does not prove beyond reasonable doubt that Ms Borucki’s behaviour, if proven, would have caused psychological harm to the families involved,” the magistrate said. “The prosecution has failed to prove the elements of the offence beyond reasonable doubt and I find Ms Borucki not guilty and the charge is dismissed.” Borucki’s supporters applauded in court as the verdict was handed down and she broke down in tears. Outside court, defence lawyer Ron Bello said Borucki should not have been charged and her former employer and police should not have pursued it so vigorously. “Her actions were a real hero,” Bello told reporters. “She has suffered enormously during the prosecution and is clearly relieved now.” “She wants an investigation into how one of Australia’s worst pedophiles was allowed to work with children for so long, and those who allowed it to happen.” For support, call the National Sexual Assault and Family Violence Advice Service on 1800RESPECT (1800 737 732). Kids Helpline on 1800 55 1800.