Download - II AFP.OOO9.001 .0039 Statement In the matter of Investigation into iLc_D' _____ ---' Statement ofEas f ontinued Page 3 of 8 to play computer games, however[:::=JU5uallY encourages

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Statement

Statement In the matter of: Investigation into Lf_O' _____ --.J

Name iLcO_' ______ -----'

Occupation BUsiness Owner

Employer Self Employed

Home Address Ngunnawal

Work Address As Above

Home Phone Known To Pollee

Work Phone As Above

Date 14 August 2011

STATES:

1. This statement made by me accurately sets out the evidence that [ would be

prepared, If tlecessary, to gIve In court <lS a witness.

2. The statement Is t rue to the best of my knowledge and belief and r make It knowi ng

that, If It Is tendered in eVidence, I will be liable to prosecution if I have Wilfully stated

In It anything t hat I know to be fa lse or do not believe to be true.

3. My full name Is icoe II am 39 years old, and reside at ! '------'

Ng'''lrla",ai , in the Australian Capita! TerritolY (ACT) . I resIde at that

address wIth my husband Lf_Oy ____________ ~1 We have been marri ed

fo r 14 years.

4. r ho is 11 years old,

is 6 years

nnawal.

5. When icDC ;Was eIght years old he was dIagnosed with asperger's whIch requires

ext ra assistance from carer's to asslst f OY land mysel f with resprte, When ~

was 7 years old he was diagnosed with C7Qll.23 Micro Duplication Syndrome and

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Statement in the matter of Investigation (nto fOE Statement Ofe e f ontlnued L _____ ---"

Page 2 of 8

autism wh ich also req uires assistance from carer's. f aa Ihas difficulty talkingl he Is

Incontinent, has difficulty with his body movements, and has I1mlted social

understanding .

6. SlnceEJand EJWllere diagnosed with disabilit ies fLO_Y __ ---'r nd myself have

7.

B.

arranged severa l carer's th rough ! are a primary provider of respite for

ACT. In an-arlg"d fo r two carer's to care and provide assistance for

~and the fami ly. The two ca ter's have been _ <surname unknown), and

FDA

~are rostered to assist at our home at different times during the

been the sale carer's provided since June

2011.

orr>v l,j .. assistance on Friday nights from 5:30pm to 8:30pm. During this

stay wi th t he children at our home while fLO_Y __ ..J~nd I take

respite. ~iS rostered to attend our home every second Saturday for a four hour

period which Is nominated bvfOY land I.

other week nlgllts, however I cannot remember the dates.

lo.f DA lis 26 years old and he looks like he 15 In his teens. He is approximately 5 foot

10 Inches In height, has curly light brown haIr which goes down to his collar, and

tanned skin .

11. While ~has been looking after our kids he usually brings toys Including craft

activities, puppets, and board games'Lf _OA_-,f eems to be very Interactive with them

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Statement In the matter of Investigation into iLc_D' ______ ---' Statement of Eas f ontinued

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to play computer games, however[:::=JU5uallY encourages Interact ive activity. Until

recent ly f DY ~nd I have been happy wlth~ interaction with the kids.

12. About 4:30pm on 12 July 2011! returned to my parent's home In NgUnnawal rL_DA_---"

was lookIng after the kids at my parents house as we where tryIng to sell our house

at the time. I saw f DA lin the rumpus room wlth~i!l.nd LfD_'_-,~ icDA

brown coloured gorilla puppet over his hand. As I walked Into the room ~faced

the puppet In my direction.

~a id words to the effect of: "There Is that women with the wild hair that looks

like me'". He then repeated the comment multiple t imes which confused me and

annoyed me. That Is the only time I have been put off by ~

14. At some t ime during the year the _ area to lcDA L-_---'

as the 'Peter Pan' referring that ~IS a kid at heart.

1S. About 5:00pm on Saturday 13 August 20ll/ f DA r rrived at our house to

commence his rostered shift. c:::=Jwas supposed to start at 4:30pm but arrived 30

minutes late-E:=JarrlvCd in a sliver SUbaru "

16. I sawc:.::=:Jwas wearing baggy light blue jeans, and a baseball cap with multiple

coloured die (multi ple dice) plcture~ ~II over It . I cannot remember what else he was

wearing.

17. At th is time I had a conversation with LJ(I told ~the kIds were going to

have Dominoe.s Pizza for dinner, and the k fds wanted (v play with fL_D'_---"I's toys that

he got (or his bIrthday. The kids also wanted to watch Charlie and the Chowlate

Factory).

18.A short time later iCOY land I left the house reavlng f OO ~EJ and raE !with

f DA ~ r OY land I then went out shopping before going out for dinner.

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Statement In the matter of Investigation into f OE Page 4018 Statement of icDB !contlnued ~-----~

19. W~en we left e E Iwas wearing a black Sonic the Hedgehog t-shht, black tracksu it ~~

pants, multi coloured socks, and black coloured underpants with a R.W elastic band.

20. About 8:00pm that date f DY Ii:lnd I arrived home. We opened the garage roller ~-~

door and parked the car before entering the house t hrough the garage internal access

door which was unloclced . I then walked through a hallway and Into t he kitchen and

then entered the family room. I cannot remember where f OY jwent. ~-~

21. As I entered the family room I saw the light had been dimmed from their usual

brightness and Charlie and the Chocola te Factory was on the televisIon. I have never

seen the lights dimmed In the fam ily room while f oA jls looking after the kids.

22. I could seef DA Iwas sitting on a brown leather couch with his back leaning aga inst '--~

the couch arm while h,,: was fa cing the family room television. I could see f OE Iwas

sitting In between ~ legs which where slightly spread.icoE Iwas also facing

the television . f OE rs bClCk was resting agalnst iCDA r chest . There was a khaki

knitted blanket sitting on f OE rs lap whIch covered his legs and ~ thighs and '--~

shins.fDA r feet where sticking out the end of the blanket.

23. I have never seen Lt _D_' _---'lsit with another person in that posi ti on.

24. I saw f DA r as not wearing his hat, I cannot remember what else he was wearing.

25. I saw f OE ras wearing the same Sonic the Hedgehog t-shlrt, black tracksuit pants

and multi coloured socks I had left him in beFore leaving.

26. I saw ~was also In the family room lyIng on tile other brown leather couch

watching Television. He was covered by a maroon blanket wh ich covered his whole

body from his shoulders to his feet.

27. 1 saw~was In the rumpus room on the computer.

28. At thiS time I saw fLD_' __ ..Jlenter the room.

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StO!ttement In the matter of Investigation into roE Page 5 of 8 Statement of Foe lconti nued '-----------'

29, I went and sat down on the couch wlth~ At this time L[ o_'_-,Itook the I>lanket Off .

his body and walked over to me and sat on the couch arm and gave me a hug.

30, After a period of t lme LC_D' __ Jlsaid words to the effect of: "I'm not feeling very good, I

don't feel quite r ig ht,"

31.1 said: "It has been a rea lly big day".

32.~sald: "You're probab ly exhausted".

33, OE aid: "I'm not exhausted".

34. OA aId words to effect of: "Do you know what I used to say to my brother when

he was angry? You're angry, and my brother would say, you're not angry.

35. At some stageLICo_A_..Jfnentloned that he t ried to turn the heater up but It didn't work.

36. About 5 minutes latericoA Ileft the house.

37. After ~Ieft I took f oO land f OE lupsta irs and prepared them for bed. I took

them both Into the ensuite and ~f;D';:::=~lwent to the tollet.

38.After LCO_'_---'lflnIShed In the tollet he saId: "My penIs Is sore",

39. I said: "Rea lly?"

40.f"' Isald; "Yeah, It's sore because f oA Ihas been touching my penis".

41.1 said : "Rea llyr

42. fL

D_'_---'lsald words to the effect of: "Yes, Lf_DA_---'lhas done It before, while we were

watch Ing Naruto".

43, Naruto is LiC_D_' _..Jrs favourite DVD, our friends t he '~s' lent us the DVO's in May

2011.

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Statement In the matter of Investigation into f OE page 6 of 8 Statement ofEoB Icontlnued '-----------'

44. I said words to the effect of: "That's no good, has ~done It on the outside or

Inside of your trousers?"

45·f OE Isald: "The Inside",

46. I said: "I'm really sorry". I then hugged Lf _DE_---'

47. After I hugged Lf _oE_---'llLf _OY __ --'ra'ked upstairs and walked. into the bathroom.

fDA Ihas been touching it."

49. f OY jsald: "Really?"

sot OE Ishook his head up and down at fLO_Y __ -,

51. f OY I looked at Lf _oE_-..Jland sa id: "That is terrible no one Is allowed to do that to

you".

Isa ld: "J know".

53. A short t ime laterEJand Lf _OE_---'lcame Into my bedroom and watched a DVD while

they went to sleep.

54. At this time fOY Imade several phone calls to different people while I stayed In ~~

the bedroom with ~and f OE ~--'

55.A short t ime later I hea rd iCOY jtalldng to Child Protection Services. As a resu lt of

that conversa tion I checked iCOE I's penis as he was sleeping. [did not see any

signs of Injury.

56. About 11:0Dpm that night I saw two plaIn clothed Pollee Officers attend our home.

{The Police told fOY land I to collect Ills clothes that he WaS wearing that night, ~-~

and not to touch the couch. They also told us that Pollee would speak to FOE Itf1e

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Statement In the matter of Investigation into roE Statement of icOB I continued '---------'

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next morning, and that Lico_' _-.J]should not shower. I saw the Pollee Officers make

notes in thefr diaries while we talked).

57.About 9:15am on Sunday 14 August 2011 I he_aird"f=o=Y=;-;;~lt_a_'k,lng to Police on his

mobile phone. As a result of that conversat,on f L_OY __ -,licOE land I attended

Winchester Police Centre and spoke to First Constable Amanda JOHNSTON and Senior

Constab le Thi NGUYEN. (First Constable JOHNSTON to/d E LO_Y __ -,~nd 1 that they

were gOIng to interview f OE p.

58. I gave a brown cushion and a green cushion from my fam ily room couch which r had

placed In separate Aldf shopping bags to Arst Constable JOHNSTON and Senior

Constable NGUYEN. I also gave a khaki blanket from the couch that I saw FOA ~nd

f OE :slttlng under to First Constable JOHNSTON and SenIor Constable NGUYEN.

59. I also gave LFo_'_.JI's black Sonic the Hedgehog t-shlrt in a clear zip lock bag,

FOE IS black underpants in a clear zip lock bag, and his black tracksuit pants in a

clear zip lock bag, to FIrst Constable JOHNSTON and Senior Constable NGUYEN. I did

not use gloves when I handled these Items.

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Sti'ltement in the matter at Investigation Into LC_D_' ______ --'

Statement of f oS !contlnued Page 80f8

60,Abou t 11:45am tha t date I provided a statement to First COllstable Joshua KrRKlAND

at Winchester Police Centre .

I read this statement before I signed It.

FD' :14 August 2011

Statement taken and signat ure witnessed by me about 1 :45pm

01114 August 2011 at Winchester Pol ice Cent re in the Austra lian Capital Territory.

REDACTED

Joshua Kirkland

First Constable 12827

Winchester Police Centre

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