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.
Tuesday, February 16, 2010
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171 comments:
I just found you through your twitter comment on the SMH article.
This is school is disgusting isn't it?
Let's hope the judge sees through this woman's BS.
SHAME CARENNE SHAME
Who is the sicko on this site going on about how he was 18 so it doesn't matter... HE IS INTELLECTUALLY DISABLED IT'S JUST WRONG!
Hey teacher... Leave them kids alone!
This site is great! I am loving it after reading the SMH story this morning. It shows how inept the public education system in NSW is.
There is a lot of background on this online. Just google Blackburn Withyman.
I'd hate to see that in a bikini
How many students are yet to come forward
Is Bathurst the pedophile capital of Australia? Isn't there another pedophile school there?
yeah st stanislaus, a private school
Read this in another article on this site:
mary dont believe what your carenne support friend tell you. the first complaint about thing being wrong with carenne support was 11.11.2008. we made complaint because we told terry what kaye was doing and he did nothing she was touching kids inappropriately going to parents house harrasing them running her mouth and more. one of the bus not being safe was also said to them. you are a liar mary
so they covered for another pedophile
this is fucked up
Sounds like they did
David Withyman congratulations on being such a strong person to do this. You are in our thoughts my friend.
This isnt part of the curriculum
How about the freak on here saying that he was 18 it doesn't matter
I wouldn't want my kids going to this school. This teacher sex and the way they carry on here is enough for me
vulgar
Sick sick sick
Reading here I bet they all knew about it too
Just wrong
how bad is this school. i see is the 2nd most popular article on SMH. The place should be ashamed for what they do to kids.
and they have the hide to make allegations against other people in this place. Thanks for this blog. It's going to get very popular as more people find it.
Can you comment on the SMH article?
I read the threats about the Police. You bastards ought to be thrown in jail for what you do to kids
is that school a circus or what
Thank god there are special ed units at other schools in Bathurst. I wouldn't send my child to Carenne.
Notice how the brilliant local rag isn't reporting this. Obvious cover up.
You people are Carenne are SICK
Sounds like this Kaye woman is a pedophile too and you all covered it up.
Are you Milton Orkoplis' friends?
Sounds to me like the teacher blurred the line between her role as a professional and the student
Peter Harvey,Carol mcdamid ,Gerard Martin all know about Carenne Special School and the horrific things that is going on up there and are doing nothing about them.
The lot of them should be sacked. Ray Hadley should be told about the place, he doesn't think much of Gerard Martin.
You shouldn't have to worry about sending your child to school and have them abused by teachers. Teachers are trusted with the wellbeing of our kids everyday and look at what is going on. This isn't the only school sex scandal, there seems to be a new story everyday.
This is probably the worst because the student had special needs.
if people dont send their kids the det threaten to have them prosecuted
We will be finding out who the snitches are sooner than we thought wont we.
Why is that Nedkelly
What are you hiding nedkelly? You seem to have to threaten alot.
what a joke, what will I tell my 11 year old daughter?????
Well here's one for you... the truth!! How about starting there Miss Blackburn. Why not explain to your 11 yr old daughter what turnerd Bad David Bad.... What sort of contact did your daughter have with him to know him so well as Bad David???
Think about it slapper and wake the fuck up!
The child would have been 5 at the time and for just a student at Mum's work you wouldn't think she would know him that well would you.
Maybe he was a father figure to the girl. No matter how you look at it Blackburn is fucking sick.
How are you going to tell your 11 year old daughter you had it off with a disabled boy entrusted to your care.
Yeah strating with you nedkelly.
JRR says
2219 is a snitch.
.
FOC
shame on you people
Blackburn was no looker was she
Anonymous 8.49am and 8.19am the junior school deputy principal of carenne school said this.Known as"carennetruth"
f this boy was a liar like blackburn tried to make out in 2008 why did he only make allegations against her. i see three female teachers in that picture.
Dirty
The news needs to pick up the other things going on at the school too.
What did the school happen to say in court. Nobody has reported on that
Its time its been going on for too long. Does anybody know how the child that got sick from the bus is?
What an interesting read! Looks like a lot of hard work is going on.
Those who are blowing the whistle, congratulations on being so bold
You are one sick person you seriously need help .You really go too far.You disgust me and i would say a lot of other people.
I believe that "nedkelly" is Margaret Rowe. Her husband is featured on an album by The Woodpeckers called Me and Ned Kelly.
Click here.
nedkelly,
Your comment overstepped the line. I will not tolerate you calling people that, just like I will not tolerate your friend Lee Churches making the same allegations.
I will be contacting Blogger and placing an access request for your IP address and then publicly posting it here for all to see as well as sending a complaint to your ISP.
This goes to show what lengths Carenne Special School staff will go to to suppress the truth from coming out.
The reason that what the education department said in court wasn't reported on was that it wasn't worth reporting. It was just a bunch of legal argument in point form.
JRR says
Ned Kelly is not Margaret Rowe.
.
It is someone else.
.
Another snitch at the school.
.
FOC
jrr is "MICHAEL AULD"A TEACHER AT CARENNE PUBLIC SCHOOL.
bathurst is paedophile haven by the sounds of it.
Notice Ned Kelly is quiet now.
its gutless and probably very worried she is a horrendous person that ever walked the earth and should be stopped once and for all
The way she treats other people, I feel really sorry for her. She makes allegations and lies about everyone. She is abhorrent. We should all pray for her.
Terry Neal and Ros Luther knew all about this and did nothing. They knew that Blackburn was acting inappropriately.
Marg wouldn't say that about Jenny. She thinks a lot of her
How is it child sex abuse. He was 18. He isn't intellectually disabled, that's just an excuse.
Terry Neal is going to say that Anna never took David to work experience and that he did. It's not true, the story Withyman has about Anna taking him is right. Neal lied to the employment court about it and will lie this time.
He claims its a job he rarely misses.
So are you saying that its is ok to abuse your power as a teacher as a carer as someone that parents put their faith and trust into?? Come on now. Students of Carenne are able to remain at that school til well beyond 18 years of age, does that mean its ok to involve yourself in a sexual relationship with them because they are over the age of 18- how does that make it right??
Who are you to even question wether or not he was intellectually disabled? The decision was made to put him at that school long before Miss Blackburn ever came on the scene, it was never an issue that he was there, but hey now the school is in the spotlight and the neglect of other teachers in that school has become a factor lets just say he does not have an intellectual disablility and that its ok to engage in sexual relations with students as long as they are over 18???????
Where is the logic peoples? Accept responsibility!
I am a trained special educator I know if someone is intellectually disabled or not. David was a troubled young man before he came to Carenne that is why he was there.
The age of consent in NSW is 16.
will you tell epac that lee
With an intellectual disability... no matter how severe on fucking moderate the decision was not yours, it had been made. Teachers there should have helped and supported him not engaged in a sexual relationship!
I am not Lee you fucking idiot
Who says there was a sexual relationship. That's right a criminal. People like David lie, its life. He may have thought it happened but that doesn't make it true.
wtf you just said terry and ros knew. are you that messed up lee?
So any kid over the age of 16 at any school in NSW can enter into a sexual relationship with their teachers and teachers can do this willingly without crossing any boundaries??? This is rather troubling!
Oh so because he has a criminal record it makes him a liar? I think your digging a seriously big hole for yourself!
So why did the Dept of Education Fire her Arse?????
looks like they are going to scapegoat terry how low, he is a good one doesnt deserve these lies about him
you dont have a criminal record and you are a liar lee. did you give anna this advice that any kid over the age of 16 is fair game?
lol at that
I am sure Lee will make up a story about why she got fired. She got fired because she acted inappropriately.
tweet tweet. who can believe any of these clowns after reading this site
Who is this carennetruth clown?
lee churches she is an assistant principal at carenne. she likes to jam kids fingers in doors and shake them when she cant get them to be quiet.
Some homework for you carennetruth. Read the DET Code of Conduct and take notice of section 9.3 - "You must not have a sexual relationship with a school student. It is irrelevant whether the relationship is
homosexual or heterosexual, consensual or non-consensual or condoned by parents or caregivers."
If Mr Withyman was between 16-18 at the time of the affair, there is a criminal offence. Your claim about the "age of consent" is irrelevant.
If you are going to make outrageous claims at least make sure you know what you are trying to argue.
Folks, I know I have said this time and time again but it is still important to remember. The problems at Carenne Public School are known to our elected representatives. Gerard Martin, Verity Firth, Kristina Kennealy and other politicians are well aware of the problems at Carenne.
When I contacted Mr Martin at the end of last year I was given the impression that people outside his electorate had no rights commenting on Carenne.
Just remmember who is responsible for this mess and make sure you hold them to account.
Terry Neal is going to say that Anna never took David to work experience and that he did. It's not true, the story Withyman has about Anna taking him is right. Neal lied to the employment court about it and will lie this time.
There was a behaviour agreement that Withyman wasn't to have contact with Blackburn wasn't there? A contract you signed as an executive member of staff at Carenne?
How come you allowed this arrangement to continue?
how can you blame ros lee ros worked 2 days a week in the class and anna 3.
Remember that document proving Mr Neal was a liar Lee?
"I was later informed that the principal and the other Assistant Principal (Lee Churches) formulated an individual behaviour contract with ms Blackburn for David to adopt and guide his future relationship with ms Blackburn."
Sounds to me like you took some responsibility over Ms Blackburn didn't you? Why blame Mr Neal?
There was more than one behaviour contract wasn't there?
You were aware of inappropriate behaviour weren't you?
She must be stupid fancy sending this to you trying to prove that someone who has a better record than you is a liar.
Thanks for sinking Carenne Lee Churches.
you have ruined "your beautiful school". you leaked this to julie and libertarian and thought it wouldn't come back to bite you in the arse.
is it possible to make the full text available libertarian,
LOL Libertarian should be counsel
pathetic people
WHERE THERE IS ONE CHILD MOLESTOR THERE IS USUALLY MORE
the real snitch at carenne is lee churches reading this
You just couldn't keep your hands away from that keyboard could you Lee? For christ sake, you've really fucked up this time.
great to read from this "special educator" that its ok to have sex with students over the age of 18. it makes me so much better about sending my kids to a private school instead of being corrupted by sickos.
There is nothing illegal about having sex with a student aged 18+. You can say that it is but it isn't.
So you believe if a student is 18 there is nothing preventing you from having a sexual relationship with them?
Does it make any difference that the student is intellectually disabled?
What the hell. The SMH needs to report on how staff at this hellhole think its acceptable to have sex with students. You are trusted to take care of them not statutorily rape them. People like you make me sick and those who covered this up are as bad as the perpetrator.
If a student is 18 there is nothing which makes it illegal to have a sexual relationship with them.
freak
So even if they are intellectually disabled this is acceptable behaviour?
Have you been in a relationship with a student ringostar?
Ok so the legal age of consent is 16.... dont think thats a guide set out for teachers to use to take advantage of their students. It is morally and ethically wrong!
Its like going to your gyno for check up, he gives you an internal and he abuses his profession and molests you!
OMG I seriously cant believe people think this is ok. It would be a totally different story if the student was female and a tad lower down the IQ scale!!! WTF is wrong with you? She abused her position to get her rocks off!
It just shows what Carenne is really like. They make excuses for a woman who abused her position.
How old was Mr Withyman mentally
How dare you accuse me of having a relationship with a student you dirty mongrel. I have not had a relationship with a student.
'How dare you accuse me of having a relationship with a student you dirty mongrel. I have not had a relationship with a student.'
February 17, 2010 7:08 PM
OK whatever helps you sleep at night.
You are sick bastards on this blog. I am not worried that you will find out who I am. You can't trace me through this site.
I stand by what I said about the snitch 100%
Hi Marg
I am not Marg but you are a snitch
Blackburn should of done a Luffman, it would of been less of a problem.
Amazing that she was all better for an interview and is now so sick again isn't it. Bit of a fraudster there.
everyone knows you were jelous of prue margaret she was a good aid and you arent. you spend all your time running around school gosiping with people about everyone. you were the one who started the rumor about prue. just like you target everyone at the school. you have narked on everyone to save yourself even lee. if it wasnt for lee you have no job because lee is only one who work with you.
just like you didnt write anonymous letter to lyn and peter about yourself to try and fix carter up did you marg. want to know the name you put on them just like the green paper that the cleaner saw you and the klan with that you threaten them about and saying someone attack you in the shopping centre and then saying in the staffroom where you were record that it never happened.
post above me
You were the one who made the story up about Peter and Pru weren't you Lucy. Stop trying to blame other people for what you said.
It would be no different if the student was a female. He was an adult, he consented to the alleged relationship. End of story, not Carenne's problem.
Honestly, he would have turned out the way he did regardless.
We did not write the letters on green paper, they were written by Lucy Thornton who used them to get sympathy and extra work.
whos we
People other than you.
Have you noticed how your friends are slowly being sacked?
So you are threatening people's jobs carennetruth?
I think you're the one that needs to be sacked. You think it's acceptable for a teacher and student to be involved in a sexual relationship!
it wasnt jennys comment
Guys making a comment about someone convicted of sexual abuse of a minor where the offender and victim could be reasonably guessed could actually breach a name suppression order, if one exists.
Unless you know one doesn't exist please don't do it.
Do you always use your bus drivers as scapegoats at Carenne?
julie they just target people and then haras them until they break or make up lies about them. everyone knows what carter was sacked for was lies because he did what he was told. marg and lee wanted him gone so they threaten terry to make him go.
how many more example do you want of how the klan treat people.
Rosenberg are you an asian or just fucking dumb!
Its time Ray Hadley was made aware of carennegate.
Hatho is racist as well.
Marg was the one who made the story up about prue and peter not lucy.
marg was the one who tried to bribe prue with it
the raceism gives way that it is lee. she doesnt like aborigines and asian people. she is pauline hanson supporter
raceism that makes me laugh
I'm a Hanson supporter
barbara had to leave because of lucy the snitch
Marg and Lee had nothing to do with Brian Carter being dismissed for breaching the employment guidelines.
Lucy took the communication book and destroyed it.
lucy did not you are a lier hatho
lee and marg were the ones who had carter fired you should here some of the thing they say about him
upset that im steeling youre role in the school
heres a thought everyone who worked at carenne when this happened should be fired. you cant tell me they didnt know what was going on. after all its ok because he was 18 youre all a bunch of weirdos
Anonymous 7.18am weirdos is to kind of a word to call these sickos ,they should be sacked.
hatho and lucy made out she was barbara's best friend evil woman.
barb left because of lee churches as well as lucy.
Terry Neal is the only straight teacher and person up at carenne.
he covered up blackburn
No he didn't you did lee and jock.
WE are not going to stand by and let terry take the fall for you and jock lee .
Terry Neal is the only straight teacher and person up at carenne.
barbara had to leave because of lucy the snitch
he covered up blackburn
Marg wouldn't say that about Jenny. She thinks a lot of her
I'm a Hanson supporter
jrr is "MICHAEL AULD"A TEACHER AT CARENNE PUBLIC SCHOOL.
What an interesting read! Looks like a lot of hard work is going on.
Those who are blowing the whistle, congratulations on being so bold
f this boy was a liar like blackburn tried to make out in 2008 why did he only make allegations against her. i see three female teachers in that picture.
Yeah strating with you nedkelly.
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