Indictments:

In the District Court at Toowoomba

The Queen against Anne Gables

This 7^th day of August 2016:

Mim Prosecutor informs the court that:

Count 1: Common Assault s 335 Criminal Code

On a date unknown between 1 January 1995 and 31 December 1997, at Toowoomba in the State of Queensland, Anne Gables unlawfully assaulted Bettina Allen.

Count 2: Common Assault s 335 Criminal Code

On a date unknown between 1 January 1995 and 31 December 1997, at Toowoomba in the State of Queensland, Anne Gables unlawfully assaulted Jessica Allen.

Count 3: Common Assault s 335 Criminal Code

On a date unknown between 1 January 1995 and 31 December 1997, at Toowoomba in the  State of Queensland, Anne Gables unlawfully assaulted Katrina Allen.

Count 4: Assault Occasioning Bodily Harm whilst Armed s 339(3)

On a date unknown between 1 June 1995 and 1 June 1996, at Toowoomba in the State of Queensland, Anne Gables unlawfully assaulted Katrina Allen and did her bodily harm.

 

Anne Gables, who had been a long-day childcare provider for forty years, was charged with these offences against three siblings, all aged between 7 and 12 at the time, who Anne used to care for at her house in Toowoomba (in Queensland’s south) after school. All offences allegedly occurred on different days approximately 20 years ago.

• a) Are there any potential issues with the indictment (You can assume the indictment is signed etc)?

The charges were brought to police attention in April of 2016 by the three siblings after Katrina had seen a Toowoomba psychologist (while visiting her siblings for Easter) and recalled the events. She told her siblings about her experience, which prompted her siblings to recount their own stories.

Anne wants to plead not guilty and was committed to stand trial in June 2016. Bettina and Jessica were cross-examined at committal but Katrina was unavailable at committal because she was living overseas at the time. She has recently returned to live in Toowoomba, near her siblings and their families, who had remained there. When Anne was 65 she had retired to Cairns (in the North of Queensland) after her husband, who used to work from home in their Toowoomba house all his life, passed away. Anne instructs that her husband would have provided evidence to support hers, that is, that she was never alone with the children and did not engage in the alleged conduct.

You can assume that the prosecution has disclosed everything as required.

• b) What pre-trial applications might the defence make and what is their likelihood of success?