“There is no evidence of communication about 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 of any limitation placed on Ms Borucki’s use of the computer.
“Accordingly, even if I was satisfied beyond reasonable doubt that she used the computer to send the emails, I’m not satisfied beyond reasonable doubt that the use was without consent of the controller.”
Ashley Griffith was back on the Queensland Police radar in 2021, and again in 2022.Credit: A Current Affair
O’Callaghan also found the prosecution failed to prove Borucki did not have permission to send the emails or that it would cause harm.
Prosecutors argued that in disclosing the information Borucki caused psychological harm to relevant families.
They relied on the oral evidence of a parent who saw the program and became “distressed” because she was unaware of the details of the conduct concerning the child.
“This does not establish beyond reasonable doubt that Ms Borucki’s actions if proven, caused psychological harm to the relevant families,” the magistrate said.
“The prosecution has failed to prove the elements of the offence beyond reasonable doubt, I find Ms Borucki not guilty and the charges dismissed.”
Borucki’s supporters clapped in the courtoom when the verdict was handed down and she broke down in tears.
Outside court, defence counsel Ron Behlau said the charges should never have been brought and pursued so vigorously by Borucki’s former employer and police.
“Her actions were heroic,” Behlau told reporters.
“She has suffered immeasurably through the prosecution process and is now obviously very relieved.
“She looks forward to any inquiry conducted by the authorities to shed light on how Australia’s worst paedophile was permitted to work with children for such a long period and to those who enabled this to occur.”
AAP
