18 months on, still no charges against Carenne sex teacher

Today's story about a Tasmanian teacher being imprisoned for 18 months for having a sexual relationship with a 16 year-old student has me wondering why after over 18 months of Judge Elkaim finding that Carenne Special School teacher Anna Blackburn had a sexual relationship with student David Withyman no charges have been laid.

Despite being an intellectually disabled 17 year-old at the time and there being laws in place prohibiting a sexual relationship between a teacher and person under the age of 18, there have been no criminal charges laid against Anna Blackburn.

It comes as no surprise that charges have not been laid, given that Bathurst Police have a history of covering up issues involving Carenne Special School. In 2003, Constable Erin Lloyd knew of the affair and did absolutely nothing about it. Events since have shown that Police in Bathurst will do anything to protect the school and its staff.

It's time that charges are laid against Anna Blackburn, a sex fiend who preyed on an intellectually disabled 17 year-old.

Carenne teacher sex case in court next week

David Withyman will take his case to the Supreme Court in Sydney next Wednesday, seeking leave to appeal against the decision of the court in September last year.

Also listed on the same day is an appeal by Anna Blackburn after she was found to have been in a sexual relationship with the disabled Carenne student.

Carenne Public School under the spotlight as SMH reports on court finding that Carenne teacher had sex with a student

Carenne Public School has come under the spotlight in the mainstream media following Judge Elkaim's judgment yesterday where he found that former Carenne teacher, Anna Blackburn had a sexual relationship with student David Withyman.

The judge stopped short of finding that the department and Carenne had breached their duty of care on the basis that Ms Blackburn's behaviour amounted to ''an act of such unexpected 'madness' that a reasonable person would not have taken precautions to prevent it''.

The Sydney Morning Herald has a report here.

Day 4 of the Withyman case

The case bought against the state of NSW and former Carenne Special School teacher Anna Blackburn by former student David Withyman recommenced today, entering its fourth day before Judge Elkaim in the Sydney District Court.

The case entered the trial phase with David's mother Ruth giving evidence and undergoing cross-examination. The case will resume tomorrow morning at 10AM when Mrs Withyman will continue being cross-examined.

The case will for 10 days until 2 April.

Day 3 of the Withyman case

During the third day of the Withyman case applications for the case to be adjourned were made by both the NSW Department of Education and Training and former Carenne Special School teacher, Anna Blackburn.

The education department was unsuccessful in its application, however Miss Blackburn was successful and the case has been adjourned until 22 March 2010. Miss Blackburn has been referred to the court registrar for assistance in applying for pro bono legal representation.

Day 2 of the Withyman case

The case of David Withyman against Carenne Special School and its former teacher Anna Blackburn entered its second day of hearing before Judge Elkaim today.

The judge has allowed a three day adjournment as Mr Withyman has amended his claim and the Department of Education and Training needs time to go through and meet the amendments. While hearing this amendment, the department was given the opportunity to cross-examine Mr Withyman's solicitor Kristi McCusker. Counsel for the department asked who had been posting on this blog, which was successfully objected to by Counsel for Mr Withyman, Hugh Marshall, SC.

The judge encouraged Miss Blackburn, who is unrepresented before the court to seek assistance through the pro bono scheme during this time so she can be legally represented.

The case will resume on Monday.

Day 1 of the Withyman case

Opening submissions were made to Judge Michael Elkaim in the Sydney District Court as the case bought by a former student, David Withyman against Carenne Special School and his former teacher Anna Blackburn entered the first day of hearing. The case is expected to run for 10 days.

Mr Withman, now aged 24 is suing the NSW Department of Education and Training and Miss Blackburn, 36 claiming that he became violent and ended up in a mental hospital and gaol after Miss Blackburn ended their eight month affair. Counsel for Mr Withyman, Hugh Marshall, SC told the court that Mr Withyman, who is intellectually disabled could not cope with Miss Blackburn ending the relationship.

Mr Marshall told the court that Mr Withyman and the school had entered into a behaviour contact, which stated that "From this point on there is to be no contact by me with Miss Blackburn."

Within days, Miss Blackburn invited Mr Withyman to her home despite the behaviour contract. During the alleged sexual relationship they met at least weekly. Mr Marshall told the court that on occasion Mr Withyman stayed overnight at Miss Blackburn's home in the village of Wattle Flat.

Mr Marshall said that Mr Withyman was in love with Blackburn.

Mr Marshall charged that the school was aware of a relationship of an inappropriate nature, although perhaps not that it was of a sexual relationship it did nothing to intervene. Despite the behaviour contract limiting Mr Withyman's contact with Miss Blackburn, the school asked Miss Blackburn to drive Mr Withyman alone to work and TAFE.

Mr Marshall told the court that both Carenne Special School and Miss Blackburn had failed in their duty of care to Mr Withyman and that the school was vicariously liable for Miss Blackburn's actions.

Miss Blackburn, who was unrepresented in court said that she was the victim as Mr Withyman had assaulted her. She told the court she has a apprehended violence order against Mr WIthyman and that she feared that the case would provide "vindication" to violent men to blame their victims.

Miss Blackburn asked the judge "What will I tell my 11-year-old daughter when I get home from this hearing, Your Honour? Will I have to tell her that the court blames Mummy for 'bad David', as she calls him, hitting me?"

The Sydney Morning Herald has also reported on this event.

Photo Caption: The senior class of Carenne Special School in 2003. Blackburn is pictured far left while Withyman is fourth from the right. Credit: Sydney Morning Herald.

Student sex affair case to commence

The former Carenne School student, David Withyman, who alleges he was involved in a sexual relationship will bring his case before the Sydney District Court today. Mr Withyman is suing the state and former Carenne School teacher Anna Blackburn over the relationship.

Mr Withyman won the right to sue the state of NSW after a ruling by Judge Ray McLoughlin in November 2008 where the judge found there was prima facie evidence that Carenne School and Miss Blackburn had breached their duty of care to the former student.

In late November 2008, the affair received national media coverage when Miss Blackburn sued the NSW Department of Education for unfair dismissal. After hearing five days of evidence and a brief adjournment, Miss Blackburn withdrew her claim and agreed to pay the department's costs.

Mr Withyman's case commences today at 10AM in District Court 13B, John Maddison Tower, Goulburn Street, Haymarket.

"Carennetruth" supplies evidence intended to implicate relieving principal

Serial bully, Carennetruth (known to be Lee Churches), an assistant principal has provided me with an affidavit sworn by Terry Neal in October 2008 in relation to the Carenne sex affair. She claimed that Mr Neal committed perjury by claiming the student involved in the affair remained a student at Carenne until the end of the year, despite leaving on 29 September 2003.

Miss Churches overlooked a point in the affidavit where Mr Neal claimed that the student remained a student until the end of Term 3. The affidavit does prove that Lee Churches hijacked the school executive early in 2003.

The affidavit claims that Mr Neal was the assistant principal responsible for the teacher accused of an inappropriate relationship with a student, Anna Blackburn yet early in 2003, a behaviour contract was drawn up by Lee Churches and the school principal Jock Roxborough. Mr Neal was only involved in the process when it was amended on 14 March 2003.

The affidavit indicates that Miss Churches was aware of incidents involving the student and Miss Blackburn throughout the year but never reported them as child protection matters.

Why the assistant principal responsible was excluded from the process initially is alarming and indicates that Lee Churches knew something that Mr Neal did not. It indicates the power Miss Churches had over Mr Roxborough, which has continued under successive principals.

Despite the Carenne Special School executive knowing about inappropriate contact between the student and Miss Blackburn from as early as March and continuing until at least August, the department's Child Protection Investigation Directorate did not commence investigations until October.

The CPID commenced investigations after receiving an anonymous complaint about Miss Blackburn and not due to reports by the school executive.

This is a matter of public importance when student welfare and child protection issues are covered up by the school executive.