A mother and older brother pleaded not guilty to kidnapping charges in an ACT Supreme Court trial. Photo: Michelle Kroll.
CONTENT WARNING: This article may distress some readers.
The conflict at the home of two boys allegedly kidnapped by members of their family showed their household was not normal, a defence barrister claimed as a trial came to an end.
The boys’ mother and older brother, who legally cannot be named, are fighting their charges in a jury trial that began in the ACT Supreme Court last month.
It was alleged that the boys were 13 and 14 when their 18-year-old older brother approached them as they walked to school in 2023 and asked if they wanted to see their mother.
The three brothers then spent four days with their mother in NSW until police tracked them down and returned the younger two to their father.
“The motivation for the boys accompanying [the older brother] was to sort out problems in relation to their home life and to get agencies to act,” the mother’s barrister, John Masters, claimed when closing submissions began on Wednesday (3 September).
Prosecutor Paul Hogan argued the boys could not consent to being taken away because the Federal Court had granted their father sole parental responsibility.
“They don’t have legal independence,” he argued.
He said several months before the alleged kidnapping, the 14-year-old boy ran away from home before police found him outside a 7-Eleven store early in the morning.
As the boy alleged his father punched him, Child and Youth Protection Services (CYPS) took emergency action and took both boys to a police station.
Mr Hogan said police investigated the allegations, but closed their investigation without laying charges.
He said when the father was asked about this, he replied, “No way, I didn’t punch my son”. His partner also denied the alleged assault.
Mr Hogan said while the older brother claimed both boys had been assaulted by their father, there was no evidence of violence being inflicted on the 13-year-old.
He said the father admitted smacking the 13-year-old on the bottom when he was younger because he had been naughty, but the father also said his parenting had been evolving and he was doing the best he could.
The prosecutor said police never charged the father over an allegation of assault.
However, Mr Masters claimed that there had been conflict between the father and his sons at his home for years, and it was clear that the older brother blamed his father for what had happened in the past.
“That is not a normal household just having a few disagreements,” he said.
“[The mother] has been in the dark and is simply relying on what she is being told by [the older brother].
“Understandably, [the mother] believes what [the older brother] is telling her.”
Mr Hogan said when the older brother approached the boys as they walked to school and asked if they felt safe at their father’s home, the 14-year-old said they felt relatively safe.
The prosecutor also said when police arrived at the mother’s home in NSW and asked to speak to her, she denied there was anyone of that name at the residence, while the older brother told the two boys to hide under blankets in a room.
“Why the subterfuge?” he asked.
“They are hoping the police will just go away.”
He said the pair claimed they wanted a proper investigation into the allegations of assault. But while the older brother claimed he tried to call CYPS to report the matter, call records showed he hadn’t.
Mr Hogan questioned why the two accused lied to police if they thought they were being noble.
“That just torpedoes the defence ship if you like, because of lies,” he said.
But Mr Masters said there was no evidence to suggest the mother and older brother both knew about the Federal Court orders, nor evidence of an unlawful agreement between them, but there was evidence that the boys consented to going with the older brother.
“They were never held against their will,” he said.
Jurors heard that while the 14-year-old no longer has much of a relationship with his father, the 13-year-old said they have a good relationship.
The mother and older brother both pleaded not guilty to two counts of kidnapping by joint commission and, in the alternative, two counts of abducting a young person.
The jury trial continues before Justice Louise Taylor.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
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