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Family of NDIS client who died after serious neglect shares heartbreak
Key Points
Ann Marie Smith's family hopes nightmares 'frequent' Integrity Care co-director Amy June Collins In short: Family members of Adelaide woman Ann Marie Smith have shared their ongoing grief in victim impact statements provided to South Australia's District Court. Former co-director of Ms Smith's NDIS provider, Integrity Care SA, Amy June Collins has plead guilty to a charge of reckless conduct. Collins will face a further pre-sentence hearing next month.
Ann Marie Smith's family hopes nightmares 'frequent' Integrity Care co-director Amy June Collins
In short:
Family members of Adelaide woman Ann Marie Smith have shared their ongoing grief in victim impact statements provided to South Australia's District Court.
Former co-director of Ms Smith's NDIS provider, Integrity Care SA, Amy June Collins has plead guilty to a charge of reckless conduct.
What's next?
Collins will face a further pre-sentence hearing next month.
The uncle of Adelaide woman Ann Marie Smith, who died from severe neglect, has told a court he hopes his nightmares "frequent" the directors of her former NDIS provider.
Ms Smith died in April 2020, from causes including malnutrition, severe septic shock, multiple organ failure and other complications from her cerebral palsy while she was in full-time care.
The 54-year-old, who was known as Annie by loved ones, was kept in a cane chair inside her Kensington Park home in Adelaide's eastern suburbs for more than a year before her death.
Former Integrity Care SA (ICSA) co-director Amy June Collins appeared in South Australia's District Court on Monday, where she heard victim impact statements from Ms Smith's brother and uncle.
The 46-year-old was initially charged with criminal neglect over the woman's death — but earlier this month that was dropped — and Collins instead plead guilty to a less serious category, one charge of reckless conduct under the Work Health and Safety Act.
The criminal case against the other former co-director of the company, Alison Maree Virgo, was dropped altogether.
In his victim impact statement, Ms Smith's uncle, Glen, said his niece's death had "sent a shock" through him, which he had still not recovered from.
"That her death was preventable, astounds me. That such neglect and indifference combined with a lack of oversight could operate for so long, I find overwhelming," he said.
"When a company runs on its promise to provide care and attention and then fails so abysmally, I find incomprehensible.
"None of this stops my sleepless nights, and any punishment dealt to those who caused her death cannot stop my feelings, but I do hope my nightmares frequent the directors of Integrity Care."
Ms Smith 'deserved dignity, compassion, safety'
Ms Smith's brother, Steven, said his sister endured suffering no person should ever experience.
"Her life was precious, she deserved dignity, compassion, safety and the opportunity to live the life that was taken from her," he said.
Mr Smith said the family was "deeply concerned" about what this case could reveal beyond his sister's circumstances, and asked the court to "let Annie's legacy be the one that strengthens the protection of vulnerable people".
"If neglect of this severity was able to continue for such an expanded period without detection, it's reasonable to ask whether similar failures could occur elsewhere," he said.
"Justice for Annie cannot change the past, but it can change the futures for those who still and will depend on others for their wellbeing and safety.
"Please do not let my sister's death and her life be wasted."
'She should've done more'
Collins' lawyer Chad Jacobi KC told the court his client had "genuine remorse" over her conduct and "feels horrible for what happened to Ms Smith".
"She says she should've done more … and that she thinks often of Ms Smith and what she suffered and endured in her final weeks, and it brings her to tears," Mr Jacobi said.
Ms Smith's disability carer, Rosa Maione was employed by ICSA and was jailed in 2022 for at least five years after pleading guilty to manslaughter by criminal neglect.
ICSA was also previously facing charges of criminal neglect and failure to comply with health and safety duty, but those charges were dropped in March after the company was deregistered.
On Monday, Mr Jacobi told the court Ms Smith's death "was not caused by anything" his client did, instead laying the fault entirely on her carer, who he said had failed to report the woman's deteriorating health to the company.
Mr Jacobi said, at the time, the company had a "reactive" system rather than "proactive", whereby it assumed that if a carer noticed a change with a client or there was a problem, it would be raised with ICSA.
Collins faces a maximum penalty of five years behind bars.
She will return to court in September for another pre-sentence hearing.
Ann Marie Smith's (PERSON)
Amy June Collins (PERSON)
Adelaide (LOCATION)
Ann Marie Smith (PERSON)
South Australia's (LOCATION)
District Court (ORG)
Ms Smith's (ORG)
NDIS (ORG)
Integrity Care SA (ORG)
Collins (PERSON)
Ms Smith (PERSON)
Annie (PERSON)
Kensington Park (LOCATION)
the Work Health and Safety Act (ORG)
Alison Maree Virgo (ORG)