A childcare worker who alerted authorities to one of Australia’s worst pedophiles has been found not guilty and charges against her over access to confidential data have been dismissed.
Yolanda Borucki, 59, was charged with using a restricted computer service and causing more than $5,000 in damages to her former employer.
She is the former colleague of Ashley Paul Griffith, a 45-year-old childcare worker from Queensland who was sentenced to life behind bars in November for 1,600 child abuse offences.
Ms Borucki and Griffith worked at the same childcare center in 2021 and she helped report him to authorities that year.
The charge related to Ms Borucki allegedly accessing confidential data about children in a care center from her home in Brisbane on August 3 and sending it to a reporter for the Nine Network’s A Current Affair.
Ms Borucki had previously appeared on the program and said she had alerted authorities to Griffith’s inappropriate behavior towards young children almost two years earlier.
She was charged after the report aired.
On Friday, Magistrate Kerrie O’Callaghan found Ms Borucki not guilty and dismissed the charge because it had not been proven beyond reasonable doubt that she used a work computer to send the emails.
Yolanda Borucki (pictured right on Friday) was found not guilty and charges were dismissed due to access to confidential data
Ms Borucki worked at the same childcare center as Ashley Paul Griffith, 45, (pictured) in 2021 and she helped report him to authorities that year. Griffith was sentenced to life behind bars in November for 1,600 child abuse offences
“There is no evidence of policy communications and the policy documents themselves have no connection with employees’ computer use,” the magistrate told the court.
“There is no evidence that any restrictions were placed on Ms. Borucki’s use of the computer.
‘Accordingly, even though I was satisfied beyond a reasonable doubt that she used the computer to send the emails, I am not satisfied beyond a reasonable doubt that the use was without the consent of the controller.’
Ms O’Callaghan also found the prosecution had failed to prove Ms Borucki did not have permission to send the emails or that it would cause harm.
Prosecutors argued that Ms. Borucki caused psychological harm to relevant families by releasing the information.
They relied on the oral testimony of a parent who saw the program and became “distressed” because she was unaware of the details of the behavior involving the child.
“This does not prove beyond reasonable doubt that Ms. Borucki’s actions, if proven, caused psychological harm to the relevant families,” the magistrate said.
“The prosecution has failed to prove the elements of the crime beyond a reasonable doubt. I find Ms. Borucki not guilty and the charges are dismissed.”
The charge related to Ms Borucki allegedly accessing confidential data about children in a care center from her home in Brisbane on August 3 and sending it to a reporter for the Nine Network’s A Current Affair. Ms. Borucki is depicted in A Current Affair
Ms Borucki’s supporters clapped in the courtroom as the verdict was handed down and she burst into tears.
Outside court, defense attorney Ron Behlau said the charges should never have been brought against Ms. Borucki and pursued so vigorously by her former employer and the police.
“Her actions were heroic. She has suffered immeasurably from the persecution process and is now clearly very relieved,” Mr Behlau said.
“She looks forward to any investigation conducted by authorities to shed light on how Australia’s worst pedophile was allowed to work with children for so long, and those who made this possible.”
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redressal Support Service 1800 211 028