Queensland landlords’ vile eviction threat and racial slurs to pregnant couple and newborn baby
A pregnant couple were threatened with eviction if they brought their newborn baby home, with a landlord telling them the child was not an “authorized resident.”
The scandalous comments may be revealed following a successful racial discrimination case filed by the couple against their landlords at the Queensland Civil and Administrative Tribunal (QCAT).
It followed what the tenants, Jackson Gitau and Rose Ng’ang’a say, was a “campaign” by the owners – David Walsh and Leachia Boles – regarding “surveillance, obstruction of entry and degrading and abusive language” during their time with the unit.
A QCAT ruling has revealed the scandalous campaign against a pregnant couple who were threatened with eviction if they took their newborn baby home. Image: Getty Images
Some of the vile comments involved calling Mr. Gitau “a monkey” and a “bush n***a.”
Mr. Gitau and Ms. Ng’ang’a, who are from Kenya, argued that the couple discriminated against them on the basis of pregnancy and race for months.
QCAT member Jeremy Gordon concurred, ruling in favor of the tenants and learning that the campaign against the pair began in March 2020.
A published QCAT judgment shows that Mr. Gitau and Ms. Ng’ang’a had a fixed-term lease with De Soysa Walsh Pty Ltd, a company owned by Mr. Walsh, effective June 11, 2019.
Their unit was one of six converted homes in a North Brisbane suburb. Mr Walsh and Mrs Boles were joint owners of the block.
On December 20, 2019, Ms. Ng’ang’a emailed Mr. Walsh telling him she was pregnant and asking how she could break their lease as the couple needed a bigger place for their baby.
It was agreed that the lease would be terminated as soon as a new tenant was found, but this was not found in time.
Ms Ng’ang’a’s baby was due on May 5, 2020 – six weeks before their lease was due to end.
On March 27, 2020, Mr. Walsh emailed Mr. Gitau stating that the couple’s lease only authorized them as tenants.
“Your child, once born, is not allowed to be on the property,” reads his email, submitted as evidence.
The tenants were notified to leave the next day without cause.
On March 27, 2020, Mr. Walsh emailed Mr. Gitau stating that the couple’s lease only authorized them as tenants and that the couple was given notice to leave without cause the next day.
In another email sent days later, Mr Walsh said: ‘Please inform me of your intentions as bringing a child to the property is a serious breach of your lease which will result in me starting eviction proceedings .’
Member Gordon discovered that Mr Walsh and company discriminated against the couple based on their pregnancy by sending these emails.
He also found that there was a campaign against the pregnant couple leading up to the birth of their child – something he said was “heavily influenced” by Ms Boles’ distrust of the tenants because of their race.
This campaign included sending multiple breach notifications for erroneous things such as water being thrown from the balcony, garbage collection and visits from an NBN contractor.
Member Gordon also found that the owners ignored tenant complaints about water and power problems at the unit.
A QCAT verdict found that the landlords subjected the pregnant couple to a “campaign” regarding race and pregnancy discrimination after they attempted to break their lease to find new accommodation for their child. Image: Delivered
As evidence given at a hearing, Mr Gitau said he was called a ‘piece of shit’ by Mr Walsh and a ‘monkey’ and a ‘bush n***a’ by Ms Boles on different dates.
Ms Ng’ang’a said she had been filmed by Ms Boles on several occasions, including on her return from hospital – something which member Gordon said was ‘completely unjustified’.
The verdict says Mr Walsh deliberately blocked access to the carport with a trailer and also locked the pair out of a washroom.
Member Gordon accepted that the tenants had no legal right to access this room, but said it appeared to be a broader part of the campaign against the tenants.
Shockingly, Ms. Boles – who describes herself as an ‘American N***o from Alabama’ – gave evidence expressing a ‘distrust and aversion to African men’ and claiming that the pair had acted with ‘detestable racism’ towards her.
The verdict says Mr Walsh deliberately blocked access to the carport with a trailer and also locked the pair out of a washroom
This manifested itself in a mistrust of the tenants because they came from Kenya.
“She believes her opinion is telling the truth,” member Gordon said.
“It can be seen that she has deep-seated prejudices and stereotypes about African people, and African men in particular.”
Member Gordon dismissed a sexual harassment complaint filed by Ms Boles against Ms Gitau, arguing she was “not sufficiently persuasive or reliable” to prove the basic facts of the complaint.
A further hearing on a solution for Mr Gitau and Ms Ng’ang’a will be held at a later date.
Mr. Walsh and Ms. Boles have previously been for QCAT in November 2021where they complained of being subjected to “racial discrimination or slander” after refusing to wear masks at a clinic.
Their request to prevent their ban from the clinic was denied by the tribunal.