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Caregiver who was jailed for raping elderly woman and sexually assaulting another named

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A caregiver at a residential care facility was jailed for more than a decade after raping an elderly woman and sexually assaulting another.

On Monday, a suppression order was lifted allowing RNZ to reveal Nilushan Jayanga Silva Ginthota Vidhanage was earlier found guilty of rape as well as two charges of unlawful sexual connection.

The name of the residential care facility where Vidhanage worked has been permanently suppressed.

Vidhanage was sentenced by Judge Jane Farish in the Christchurch District Court in May.

Crown prosecutor Courtney Martyn told the court that aside from sexual offending by family members against other family members, it was difficult to imagine a “more serious breach of trust”.

Vidhanage’s lawyer, Thomas Harré, acknowledged there had been “real harm” caused by his client’s offending. That harm had also extended to his family, Harré said.

He said that once Vidhanage served his time behind bars he would be deported to Sri Lanka, leaving his in-laws “without any realistic prospect of seeing him” while also putting his wife in a “rather difficult situation”.

Judge Farish said that Vidhanage had also subsequently pleaded guilty to a charge of intimidation which related to him “accosting or approaching” an 11-year-old girl after she had left school.

“You stopped your car, you asked her whether she wanted a cigarette, she declined. You then asked her whether she wanted a ride in your car she declined, and then you forcefully directed her to get in the car.

“At that point, she ran away very wisely and waited until you had left. And then as she was returning home she saw your vehicle, very courageously and bravely took down the number plate, went straight home and told her mother and you were subsequently apprehended.”

Judge Farish said Vidhanage would be deported after serving one-third of his sentence.

She said Vidhanage continued to deny the offending, therefore she could not give him any credit for remorse.

Judge Farish said there were several aggravating features of Vidhanage’s offending, including the victims’ vulnerability.

“They were vulnerable, not only because of the position they were in, in the early hours of the morning in a facility where they should have felt entitled to be safe, but they had both physical and mental vulnerabilities. They were incredibly fragile.”

There was also a significant breach of trust.

“You’re there to provide cares because they can no longer do that for themselves, and you abuse that trust, and that has caused huge issues in relation to that feeling of trust that families have when they place their elderly loved ones into care.”

She jailed Vidhanage for 10 years and six months.

Care facility’s battle for suppression

A hearing was held in the Christchurch District Court regarding suppression last month, with the care facility where Vidhanage worked at requesting permanent name suppression.

RNZ has obtained submissions filed by the facility in support of suppression.

The facility’s lawyer submitted they would suffer “undue hardship” if their details were published.

They said there would be a “real risk of unfair reputational damage” to the company, staff and residents which could cause reputational and financial damage as well as be “unfairly detrimental” to its staff and future staff.

The lawyer also submitted it may “gravely impact and unduly concern the wellbeing of its residents” and their families and lead to “associated and unnecessary stigma” to all of the referenced groups of people.

The manager recalled in an affidavit the “absolute horror” she felt when she first heard the allegations against Vidhanage.

The manager said the offending had a “significant impact” on them and the facility’s community.

“Residents should feel safe, cared for and loved in their home.

“This has shaken myself and staff to our core causing deep emotional distress which has exhibited physically in some of the team.”

The manager said they had previously had no reason to question Vidhanage. They said the “robust employment vetting process” did not raise any concerns regarding his suitability for the role.

The facility had recently implemented a campaign aimed at “further encouraging an environment where staff feel able to raise concerns”.

Media exposure would also impact staff, the manager said.

“For many it would be something unfathomable and would cause them considerable anxiety and distress.

“My deep concern would be the flow on affect for them which would likely manifest in many different ways. If this further pain can be avoided I believe that would enable us to move forward and it would be the best possible outcome for us all.”

Judge Katie Elkin said she was satisfied that publication of the facility’s name would be likely to cause undue hardship.

“I make that finding on the basis of the evidence that I have been given about the vulnerability of many of those residents in particular. I’m concerned mostly about hardship to them and to other staff, rather than any commercial interest of the [facility].”

Judge Elkin said there was no suggestion of “ongoing for systemic issues” or of any failings by the facility.

“In my view, it will not really assist in any way in relation to the care of these residents for them to know where this occurred and, in my view, naming of the [care facility] would risk unnecessarily and unjustifiably compromising the trust and care relationship between the carers and vulnerable residents.”

Judge Elkin granted permanent name suppression for the facility.

In a statement to RNZ, Detective Tone Kopelani said his thoughts were with the victims and their families.

“This sort of offending is very distressing for all those concerned, so it is pleasing to have someone held to account in the courts.

“The case involved vulnerable victims, and it was important to ensure they were properly supported, and their families were involved.”

He said police thanked the care facility for their assistance in terms of communicating with residents’ family members as part of police inquiries.

“To date, we do not believe there are any more victims from the facility, however we would ask anyone who does have concerns about potential criminal behaviour in respect of this matter to come forward to police.”

Source: RNZ

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Opportunities to mitigate multi-million-dollar RNZ budget blowout likely missed – experts

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Multiple opportunities to identify and mitigate a multi-million-dollar budget blowout at RNZ appear have been missed, according to the former executive director at Audit New Zealand.

The public broadcaster on Monday revealed a near $12 million shock financial loss after a litany of financial blunders, which will now lead to sweeping job cuts.

The $11.8m loss is more than 25 times the $470,000 RNZ had expected to lose over the year to June.

CEO Paul Thompson took responsibility for the result, and said internal reports gave an inaccurate picture of the finances, meaning the scale of the loss only became clear in October.

RNZ’s former chief financial officer Hilary Parker resigned unexpectedly in early October.

The board said it would commission an independent review into what went wrong.

Independent contractor Stephen Walker, who left the Audit Office earlier this year, said the size of the loss was surprising, as was the length of time it took to identify it – months after the financial year ended.

Stephen Walker.
Independent contractor Stephen Walker is a former executive director at Audit New Zealand.

Supplied / OAG

“Probably more of a concern is that they had seemingly been unaware that they were running up a significant deficit until they were in the preparation stage of their annual report in October.”

Walker said public entities typically produced monthly financial reports.

An interim audit also took place before the end of the financial year, he said, but if the organisation hadn’t identified significant losses at that stage, the auditor could also be in the dark.

“It seems that there’s a real weakness in forecasting and budgeting that’s occurred here and that the monthly accounts, when they’re produced, either haven’t identified these significant variances against budget or the magnitude of them really hasn’t come to light until right towards the end of the financial year,” Walker said.

“And really at that point, there’s no opportunity for the chief executive, the leadership team to take, and the board to take, any corrective action because the year has effectively been completed.”

Walker said the “significant miss” was difficult to account for given it was more than 10 percent of RNZ’s total funding.

He said based on RNZ’s annual report, financial complexity didn’t appear to be a factor.

“This $11.8m loss isn’t made up of one particular item … it seems to have been contributed to by a number of separate expense lines running over budget. So I don’t think it’s necessarily to do with complexity.”

Among the errors, RNZ wrongly counted $2m from land sales as income in its budget. Staff costs also came in $3.2m over budget, including $1.4m in redundancy payments.

Professor at Auckland University’s business school Norman Wong said based on media reports the issues identified were “significant and troubling”.

Norman Wong.
Norman Wong.

Supplied / University of Auckland

“But recognising the sale of land as income in their budget is a basic error that one would have expected to have been caught and corrected well before it got to this point.”

With funding reductions at RNZ over the past two years, Walker expected greater scrutiny of financial results.

“Virtually every public entity has had their annual budget reduced. And so you would expect … the leadership team on a monthly basis and board – I’m not sure how frequently the board will consider the information – but you would expect them to be interrogating the results on a regular basis throughout the year,” he said.

Walker said initiating an independent review was the correct course of action and that he’d want to understand what information the leadership team and the board were regularly receiving.

He said he’d “love to say” surprising financial results were rare, but conceded they occured on a semi-frequent basis during his time leading the Audit Office.

“The benefit of independent scrutiny by the Audit Office – and the auditors providing that support to the Auditor General – [is] that the reporting is fairly presented at the end of the year, whether it’s good, bad or ugly.”

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