The whistleblower accused of sharing confidential details surrounding Australia’s worst pedophile has had her name cleared by a Brisbane magistrate.

Former childcare employee Yolanda Maria Borucki was accused of using a restricted computer in August 2023 to send A Current Affair confidential documents relating to convicted pedophile Ashley Paul Griffith, who had been her colleague.

Griffith received a sentence of life imprisonment in November after he pleaded guilty to 307 child sex offences against tens of Queensland children.

Borucki faced a Brisbane Magistrates’ Court trial in November charged with using a restricted computer without causing detriment, damage or gain of >$5000.

The court was told she had helped report Griffith to police in 2021, but an internal investigation conducted by a Uniting Care childcare centre found no wrongdoing.

Borucki was accused of using a company computer to email student and parent profiles, along with the centre’s internal investigation report into Griffith, to Channel 9 just days before she was set to be made redundant.

The childcare centre alleged she caused them a detriment of $11,000 in legal fees to address breach of confidentiality concerns.

Borucki pleaded not guilty at trial, saying the prosecution had failed to prove all aspects of the charge beyond reasonable doubt.

Magistrate Kerrie O’Callaghan delivered the critical not guilty verdict at Brisbane Magistrates Court this morning, after reserving her decision.

Ms O’Callaghan said there was evidence of emails sent from Ms Borucki’s work email to her personal email and to a Channel 9 reporter’s work and personal email, which had documents attached including the investigation report and personal details of students and parents.

But she said she was not satisfied beyond reasonable doubt that Ms Borucki had used a restricted computer to send the emails – noting other individuals at the company had access to her email – or that it was done without the consent of the controller.

She said there was no evidence of what work was done by the solicitors employed by the centre, and that she was not satisfied beyond reasonable doubt that psychological damage was caused.

The court heard a parent, whose child was subject to investigations surrounding Griffith, had given evidence at Ms Borucki’s trial that she had been distressed to watch Ms Borucki’s Current Affair interview in which the allegations were discussed.

But Ms O’Callaghan said the parent had acknowledged that neither herself or her child had been identified.

Outside of court, Ms Borucki’s lawyer Ron Behlau said the case should never have been brought against Ms Borucki, “let alone pursued so vigorously by the church and police”.

“Her actions were heroic,” Mr Behlau said.

“She has suffered immeasurably through the prosecution process and is now obviously very relieved.”

“She looks forward to any inquiry conducted by the authority to shed light on how Australia’s worst pedophile was permitted to work with children for such a long period and into those who enabled this to occur.”

Lawyer Jason Murakami, who acted for Ms Borucki on a pro bono basis, said the decision vindicated their client.

“However, it does not vindicate the behaviour of the Uniting Church Queensland and the resulting prosecution,” he said.

“My client has had to endure 18 months, of emotional stress, psychological torment and extreme financial detriment all because she made the decision to take steps to protect children and those steps embarrassed others.”

“Unfortunately for our client the fight does not end today. She now has to embark on the process of getting her blue card back, which she had lost for 18 months whilst this matter was proceeding.”

“She may never go back to working in the childcare industry again but she wants back what was wrongly taken from her because of this failed prosecution.”

“We are hoping the Attorney-General’s office under the stewardship of the new Attorney-General will give due consideration to our submissions.”