A mother and older brother have been found not guilty after an ACT Supreme Court trial. Photo: Michelle Kroll.
CONTENT WARNING: This article may distress some readers.
A pair accused of kidnapping two young boys, after allegations were raised that these children may have been assaulted at their home, have been acquitted of all their charges.
The boys’ mother and older brother, who legally cannot be named, fought their charges in a jury trial that began in the ACT Supreme Court last month before lawyers gave their closing arguments this week.
Jurors deliberated for less than one day before returning to the courtroom on Friday afternoon (5 September) and announcing the pair were both not guilty of all charges.
These were two counts of kidnapping by joint commission and, in the alternative, two counts of abducting a young person.
Justice Louise Taylor thanked the jurors for their service before discharging them.
Parenting orders gave the father of the two boys, aged 13 and 14, sole parental responsibility.
In 2023, 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.
Police investigated the allegations, but closed their investigation without laying charges.
The father denied the alleged assault.
It was alleged that several months later, the boys’ 18-year-old older brother approached them as they walked to school 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 older brother alleged to police that his father had punched him in the head and also claimed the 13-year-old had been assaulted by their father as well.
The mother’s barrister, John Masters, claimed 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].
“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.”
Jurors heard that while the 14-year-old no longer has a close relationship with his father, the 13-year-old stated they have a good relationship.
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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