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Mistaken Identity Over Incest Claim Was 'Devastating'

November 01, 2010 posted by Steve Brownstein

By Chris O'Brien and Andree Withey

A grandfather from the Darling Downs in southern Queensland who was wrongly accused of rape and incest says his family has been devastated by a case of mistaken identity.

The Child Safety Department has apologised to the 64-year-old, admitting there was wrong information in his file, confusing him with another man convicted of sex crimes.

He says his local MP, Kerry Shine, and Child Safety Minister Phil Reeves refused to help him when his application to care for his grand-daughter was declined.

The man who cannot be identified for legal reasons says it has been an 18 month ordeal which only ended when he went to the media.

"When things really blew up three hours after that, they found one mistake," he said.

"They rang me and apologised and I said look that's not good enough.

"I said the whole file is wrong and she said 'well we'll have to go right back through it then' and that's the last I've heard of them."

The man was forced, at his own expense, to prove he was not a rapist by providing a DNA test and getting a certificate from the police that he had no criminal record.

He had been mistaken for another man jailed for fathering his own grandchild.

Mr Reeves has told Queensland Parliament he has ordered a review to ensure there is nothing incorrect in the case file.

"For the stress and offence that this mistake has caused to those members of the family, I sincerely apologise," he said.

"While child safety is very difficult and a stressful environment for officers, this should never have happened and there is no excuse."

DCS acting director-general Betty Kill confirmed earlier today it took 18 months for the department to correct its file.

Ms Kill apologised to the man, saying it was very unfortunate.

"We had an email which was wrongly placed onto his file," she said.

"I deeply regret that this error occurred and on that basis I apologise profusely to him."

Opposition spokesman Jack Dempsey says the case should lead to changes.

"What we need to do is have proper legislation that respects the rights of the child, the parents, as well as the hard-working child safety workers," he said.

"[It] makes it more open and transparent and that is easy to do.

"What it needs is the momentum - we can't keep going on the same pathway."

 

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