Parent claims she was "set-up"

The Carenne Special School parent who is facing court on charges relating to the alleged abuse of her child has spoken exclusively to Carenne Gate about her ordeal, claiming that she has been "set-up" by Carenne staff.

The parent has spoken of the horror of being persecuted by school staff after criticising the school for providing support to the children of staff while leaving her family out in the cold.  "We approached the school and asked if there could be some sort of fundraiser for (name) because of the financial difficulties we had at the time," said the parent. She says that after she posted on this blog asking why Janelle Kemp and Melinda Gavin were given financial support her life changed forever.

She claims that within weeks her child became to show signs of illness and a rapid deterioration of her condition. She went to doctors and eventually her child was admitted to hospital. While in hospital, the child had tests which showed she had been poisoned. "I couldn't believe it, I just wanted to know who could do this to my baby," said the distressed parent.

The child started to recover until she returned to school. "Within a few days of returning to the school she was sick again, whatever was happening was happening at school," said the parent. After discussions with school staff about the issue she was visited by Detective Findlay who accused her of poisoning her child. "Within days she was placed into care, I was slapped with a restraining order and charged," said the parent as she fought back tears.

The parent claims she has been told by other parents of the rapid deterioration of their children when placed in the classroom of a particular teacher at the school. "As soon as kids get placed in her class they go down hill, what is she doing to them?" asked the parent.

Unfortunately due to the case still being in court we are unable to name those involved as it will form a key part of the mother's defence. It demonstrates that those who speak out about the significant issues at the school are not only victimised themselves but their children become attacked.

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.

Anybody for a scallop? Salmon's company in over $6.1m in debt

The company belonging to one of Carenne Support's most well known directors, Geoff Salmon is in excess of $6.1 million in debt according to records from the Australian Securities and Investments Commission. The company, Salmon & Speck Pty Ltd has been in liquidation since November 2010 after creditors called in an administrator. At the creditors meeting, Salmon was the only person who voted against the company being wound up for failure to pay its debts.

The company is due in the Supreme Court for a number of appearances over the next few weeks due to its debts and according to the administrator, there are "ongoing investigations" into the company's management (which includes Mr Salmon).

In the administrator's six month report to ASIC it has been revealed that of the $6,399,397 owed to creditors only the secured amount of $224,696 has been paid (or 3.5% of the amount owed).

Mr Salmon is not a suitable person to be running a non-profit organisation like Carenne Support that holds charity status when it is obvious he couldn't run his own company and owes a fortune to others.

Former driver guilty of negligent driving occasioning GBH

Craig Graham, a former bus driver for Capebase who continued to be employed on a run driving special needs children from Blayney to Carenne Special School has pleaded guilty and been convicted of negligent driving occasioning grievous bodily harm in Bathurst Local Court.

Mid last year, Craig Graham was turning from William into Howick Street in Bathurst when he struck an older woman, writing the bus off and seriously damaging the woman. The woman has had to have quite serious surgery on her hips following the injury. Following this incident, Graham was charged with negligent driving occasioning grievous bodily harm, one of the most serious of all driving offences. Despite this and his continual attempts to defraud the department, he continued to drive for Capebase until he was replaced by Steve Minshull in March.

"Blayney Lady", who has a student on the bus said that a number of parents in Blayney had contacted Neil Moon after hearing of Graham being charged and demanded that he be sacked or that their children be allocated to another run. Neil Moon refused at the time, saying that he wasn't confident that Graham had done anything wrong and that students were not at risk due to his driving. When Graham was sacked, Moon contacted parents and talked Minshull up, claiming he was "far better" than Craig Graham and had a "wealth of experience" in special needs transport.

When the matter was before the court on Friday, 17 June, Graham's solicitor James Horsbrough of Bird Legal told Magistrate Jan Stevenson that his client was pleading guilty but wished to explain that the accident happened because the corner was blind and he was unable to see the woman crossing the road. The court then took a short recess so the magistrate could examine the corner with the prosecutor and Graham's solicitor.

After the recess, the magistrate sentenced Graham, placing him on a 9 month good behaviour bond and disqualifying him from driving for 12 months.

Salmon attacked whistleblower because of Kemp and hatho, charges dismissed

Geoffrey Salmon, director of Carenne Support - the organisation at the centre of corruption claims engulfing Carenne Special School had charges dismissed against him on Tuesday in the local court.

Mr Salmon was charged with obstructing traffic and entering a vehicle unlawfully following his attack on whistleblower Brian Carter during a protest against corruption and child abuse at Carenne in December last year.

According to hatho, Mr Salmon admitted to attempting to carjack Mr Carter and assaulting him, but successfully claimed that he was distressed when it happened.

"Geoff said that he left the presentation ceremony to talk to Carter because Janelle and I were scared he might come inside and cause a scene. I was terrified that he would come into B-Mec and start telling people about his views on Carenne, it would have been embarrassing for us." said hatho.

Hatho claimed -

"Geoff was open and honest at court, he said he attacked Carter and tried to stop him driving his van embarrassing the school. He was distressed and wanted Carter to go home. "

"The magistrate dismissed the charges against Geoff because he was distressed because of how Janelle and I were."

Inquiries made by Carenne Gate with the local court registry indicated that Magistrate Jan Stevenson dismissed the charges against Mr Salmon due to extenuating circumstances. The court officer invited us to visit the registry to look over the file if we wanted more details.

Further information will be posted as it becomes known.

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.

Carenne Court Update

With the actual number of cases against Carenne Special School staff and associated persons unknown it is hard to provide a complete list. There are both criminal and civil cases before the courts about this school.

David Withyman case
The case of a former Carenne Special School student who alleges he had a sexual relationship with a teacher will continue in the District Court in Sydney on Monday. It will be heard in room 13C of John Madisson Tower before Judge Elkaim. The case has been heard for four to five weeks now.

Criminal charges against Carenne executive staff
The criminal charges against Carenne principal Neil Moon and two of his assistant principals Lee Churches and Terry Neal were again before the court on Monday. According to court staff Nathan Carter has been replaced by the Director of Public Prosecutions as the prosecutor. The case returns to court on 27 July 2010.

Criminal charges against Carenne Support Director
The criminal charges against Carenne Support director Geoff Salmon will be heard on 7 September 2010 after he plead not guilty.

If you know of any other cases before the courts surrounding Carenne Special School staff or associates please email me so we can report on them.

Salmon pleads not guilty, matter set down for hearing

The case of Geoff Salmon, director of Carenne Support who is facing the Bathurst Local Court on charges from an alleged incident during a protest in December where he is accused of attacking whistleblower Brian Carter who was driving a protest vehicle will return to court for hearing on 7 September 2010.

Mr Salmon faces charges of entering a vehicle unlawfully and obstructing traffic arising from the alleged attempted carjacking. Mr Salmon's solicitor told the court yesterday that he would be maintaining his plea of not guilty and would defend the charges.

Dubbo Teacher didn't know she was breaking the law by having sex with a student

Extract from the Daily Liberal:
Jailing a former Dubbo teacher who had consensual sex with one of her students would do more harm than good, District Court Judge Stephen Walmsley determined yesterday.
The married woman, who cannot be identified for legal reasons, was in Dubbo District Court for sentence. She had previously entered guilty pleas on two charges of sexual intercourse with a person aged 16 to 17 years under her care.

Judge Walmsley convicted the teacher and imposed suspended prison sentences of 21 months and nine months. She was required to enter into good behaviour bonds and accept supervision and guidance from the Probation and Parole Service for the duration of the sentences.

Judge Walmsley said the purpose of punishment was to assist in the rehabilitation of the offender.

Given the psychological history of the teacher he determined a full-time custodial sentence would cause harm and set back her rehabilitation and ability to contribute to society.

Salmon mentioned again in court

Today I again made the trip to Bathurst to attend the Local Court while someone associated with Carenne Special School was facing charges. Today it was Geoff Salmon, director and secretary of Carenne Support Limited, the company at the centre of the Carenne Gate Affair who was facing the court.

Salmon is facing a charge of obstructing traffic and unlawfully entering a vehicle after an alleged attempted carjacking of whistleblower Brian Carter in December.

The matter was mentioned briefly where the court was told that representations to have the police drop the charges had failed and that Mr Salmon would be pleading not guilty. Police were ordered to serve a brief within four weeks and the matter was adjourned until 28 June 2010.

Carenne trio represented by Crown Solicitor in court

Charges against three senior Carenne Special School staff were mentioned before the local court in Bathurst today. Lee Churches, Neil Moon and Terry Neal are facing charges of taking detrimental action against a whistleblower.

Prosecutor Nathan Carter wasn't present in court due and was excused by Magistrate Jan Stevenson. The three defendants didn't appear but were represented by barrister Anna Mitchelmore on behalf of the Crown Solicitor. At the last mention, the court was told that the defendants had applied for representation by the Crown Solicitor which has now been granted.

The defendants have made a plea of not guilty to the charges.

The magistrate ordered that evidence be served and listed the charges for further mention on 29 June 2010.

Christine Porter identified as being part of ICAC investigation in court

I made a trip across the mountains to Bathurst today where I sat in the back of the Local Court there to report on an Apprehended Personal Violence Order listing initiated by Carenne Support CEO Christine Porter against whistleblower Brian Carter before magistrate Jan Stevenson.

After hearing some of the other cases and noting the difference between proceedings in Sydney and Bathurst the case was briefly mentioned.

During the course of the proceedings, Mr Carter told the court that he would not consent to the order and that Porter had been involved in an investigation by the ICAC. The magistrate told Mr Carter "that just tells me you don't like each other very much."

Mr Carter said he was seeking to return to work and that the order may prevent that.

Mrs Porter then told the court that she had a letter from the principal of Carenne Special School telling the court that Brian Carter had no need to go near the school and has no authorisation from him to be there. The magistrate said she wasn't interested in what Mrs Porter was saying and that she would make an order with a provision to cover Mr Carter returning to work. Mrs Porter attempted to speak but wasn't allowed to by the magistrate.

The magistrate told the court she would make the order and mark it as being made by consent with no admissions.

Three senior Carenne Special School staff charged and mentioned in court

Today, three senior staff of Carenne Special School - Neil Moon (Principal), Lee Churches (Assistant Principal) and Terry Neal (Assistant Principal) had criminal charges mentioned before the Bathurst Local Court. A Carenne Gate reporter was on hand as the matter was mentioned.

The trio are charged with taking detrimental action against a whistleblower under whistleblower protection legislation and were bought to court by a private prosecutor, Nathan Carter. Mr Carter's solicitor Tim Cain told the court that the Director of Public Prosecutions has been approached to take over the prosecutions.

The three defendants, none of which appeared in court were represented by Shane Cunningham. Mr Cunningham told the court that they have applied for representation by the Crown Solicitor's Office.

Magistrate Jan Stevenson told the court that she had never heard a matter like this before and was unsure on whether the local court is the correct jurisdiction for it. Magistrate Stevenson said as some matters were referred to the Independent Commission Against Corruption there may be issues as the local court can not see documents from the commission.

The matter has been adjourned until 10 May 2010.

Photograph: Terry Neal (top), Lee Churches (centre) and Neil Moon (bottom). Used under fair use guidelines.

Carenne Support director's criminal charge mentioned in court

On Monday, charges against Carenne Support director Geoffrey John Salmon, 55 were mentioned before the Bathurst Local Court. Salmon was represented by his solicitor who told the court he was waiting to hear back from the prosecutor about representations made about the charges.

Salmon is charged with enter vehicle unlawfully and obstructing traffic after an alleged incident involving a protest in Bathurst in December against Carenne Special School, Carenne Support and the NSW government.

The matter is listed next for mention on 27 May 2010.

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.

Carenne Support director appears in court

Charges laid against Geoffrey Salmon, 54 were mentioned in the Bathurst Local Court yesterday. Mr Salmon, a director of Carenne Support Limited faces charges of unauthorised entry of a vehicle and obstructing traffic in relation to an alleged incident involving a Carenne Gate protest vehicle on 11 December 2009.

The matter will be mentioned again on 12 April 2010.

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.

Withyman case to resume tomorrow

The case between David Withyman, a former student of Carenne School and the state of NSW continues in the Sydney District Court tomorrow.

It will resume at 10AM in court room 13E.

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.