A Supreme Court trial has begun against two people accused of kidnapping. Photo: Michelle Kroll.
CONTENT WARNING: This article may distress some readers.
Two boys were allegedly kidnapped by their mother and older brother after one of them made claims against their father.
The mother and older brother, who legally cannot be named, were charged over the allegations and pleaded not guilty when their jury trial began in the ACT Supreme Court on Tuesday (26 August).
Parenting orders gave the two boys’ father sole parental responsibility and prohibited them from staying overnight with their mother, prosecutor Paul Hogan said during opening submissions.
One of the boys ran away from home in 2023, and when police found him, he made allegations about his father.
Child and Youth Protection Services (CYPS) investigated the allegations, but ultimately closed the investigation and took no more action, Mr Hogan said.
He alleged that later in the same year, the boys’ mother and older brother began planning to take them away from their father’s custody.
Mr Hogan said the boys were 13 and 14 when their 18-year-old older brother approached and spoke to them as they walked to school in Canberra.
The older brother allegedly asked if they wanted to go with him to see their mother and they agreed.
They allegedly spent the day together before the older brother took them to a petrol station that night, where they met their mother, and she took the three of them to where she was living in NSW.
Police had begun investigating as the boys, who didn’t have their phones as they were not allowed them at school, had been reported missing by their father that afternoon.
Mr Hogan said they stayed with their mother and older brother for four days until police tracked them down, arrested their mother and returned the boys to their father.
He alleged the mother had spoken about taking them to Queensland and had begun looking at rental properties where they could live in that state.
“It’s not kidnapping when they are legal age and they are being assaulted,” the mother allegedly told the older brother over the phone after she was taken into custody.
“When are they going to f-ing look into [the father]?”
The barrister for the older brother, Sarah Baker-Goldsmith, said police spoke to her client and told him they were alleging he kidnapped his brothers.
“It’s actually in regards to how my father treats my brothers,” she said her client told them.
“My father is known … for punching his kids in the head.”
He alleged his father had punched both him and one of his brothers in the head.
“He knows how to punch,” the older brother said.
Ms Baker-Goldsmith said the older brother told police that the boys wanted to go with him, that he wanted CYPS to conduct an in-depth investigation into his father, and that he hadn’t known his father had guardianship over his brothers at the time.
The mother’s lawyer, John Masters, stated that it was crucial for jurors not to reach a conclusion until they had heard all the evidence.
“[The mother] challenges the whole of the Crown case,” he said.
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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