A childcare worker who warned authorities about one of Australia’s worst pedophiles has been found not guilty and had charges of accessing confidential records dismissed.
Yolanda Borucki, 59, was charged with using a restricted computer service and causing more than $5,000 in damages to her former employer.
He is a former colleague of 45-year-old Queensland childcare worker Ashley Paul Griffith, who was sentenced to life in prison in November for 1,600 child abuse offences.
Ms. Borucki and Griffith worked at the same daycare in 2021 and she helped report him to authorities that year.
The charge related to Ms Borucki allegedly accessing confidential records of children at a care facility on August 3 from her home in Brisbane and sending them to a reporter from the Nine Network’s A Current Affair.
Borucki had previously appeared on the show and said he had notified authorities nearly two years earlier regarding Griffith’s inappropriate behavior toward young children.
She was charged after the report aired.
On Friday, Magistrate Kerrie O’Callaghan found Ms Borucki not guilty and dismissed the charges because it had not been proven beyond a reasonable doubt that she used a work computer to send the emails.
Yolanda Borucki (pictured right on Friday) was found not guilty and charges of accessing confidential records were dismissed.
Ms Borucki worked at the same daycare in 2021 as Ashley Paul Griffith, 45 (pictured) and helped report him to authorities that year. Griffith was sentenced to life in prison in November for 1,600 child abuse offenses.
“There is no evidence of communication about the policy and the policy documents themselves have no connection to the employees’ use of their computer,” the magistrate told the court.
“There is no evidence that any limitations were imposed on Ms. Borucki’s use of the computer.
“Accordingly, even if it were beyond a reasonable doubt that she used the computer to send the emails, I am not satisfied beyond a reasonable doubt that the use was made without the consent of the controller.”
O’Callaghan also found that the prosecution failed to prove that Borucki did not have permission to send the emails or that it would cause harm.
Prosecutors argued that by revealing the information, Ms. Borucki caused psychological harm to the relevant families.
They relied on the oral testimony of a mother who watched the program and became “distressed” because she did not know the details of the conduct relating to the child.
“This does not establish beyond a reasonable doubt that Ms. Borucki’s actions, if proven, caused psychological harm to the relevant families,” the magistrate said.
“The prosecution has not been able to prove the elements of the crime beyond a reasonable doubt. I find that Ms. Borucki is not guilty and the charges are dismissed.”
The charge related to Ms Borucki allegedly accessing confidential records of children at a care facility on August 3 from her home in Brisbane and sending them to a reporter from the Nine Network’s A Current Affair. Ms. Borucki is pictured appearing on A Current Affair
Borucki’s supporters applauded in the courtroom when the verdict was handed down and she broke down in tears.
Outside court, defense attorney Ron Behlau said charges should never have been brought against Ms. Borucki and pursued so vigorously by her former employer and the police.
‘His actions were heroic. “She has suffered enormously during the judicial process and now she is obviously very relieved,” said Mr Behlau.
“He looks forward to any investigation by authorities to shed light on how Australia’s worst pedophile was allowed to work with children for such a long period and who allowed this to happen.”
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