Ann Marie Smith’s alleged killer Rosemary Maione has faced court and her lawyers have complained police were “grandstanding” when they arrested her.
Ann Marie Smith’s alleged killer Rosemary Maione has faced court and her lawyers have complained police were “grandstanding” when they arrested her.

Ann Marie Smith neglect death arrest called ‘grandstanding’

Police were "grandstanding to the max" when they "raided" the home of, and arrested, the former carer accused of killing Ann Marie Smith, her lawyer has told a court.

On Friday, the Adelaide Magistrates Court granted Rosemary Maione bail - on the condition her house is found to be suitable for home detention and 24-hour electronic monitoring.

In reaching its decision, the court rejected barrister Stephen Ey's argument there was no need to place his "co-operative" client under such a strict regimen.

"Back in May, I contacted police and indicated that, when and if they wanted to speak to my client with a view to arrest, I would make her available at the police station," he said.

"Yesterday, police raided her premises, arrested her and took her into custody … this was grandstanding to the max, there was no need for that to occur."

Rosemary Maione. Source: Instagram.
Rosemary Maione. Source: Instagram.

Maione, 69, has yet to plead to one count of manslaughter filed following a painstaking investigation by a 17-strong Major Crime task force, dubbed "Giles".

Ms Smith, 54, died in Royal Adelaide Hospital on April 6, the day after Ms Maione called an ambulance to Ms Smith's Kensington Park home.

It is alleged she had spent most of the year leading up to her death in an almost sedentary state, living in putrid conditions in a woven cane chair in the loungeroom of her home.

It is further alleged there was no refrigerator to store food in her home, and what food there was in the house was without nutritional value.

Police alleged they were unable to find two refrigerators that were supposed to be in the house, along with $35,000 worth of custom-made gold hair clips and bangles.

A large cash inheritance, left to Ms Smith by her parents in 2009, had been drained, while the proceeds of $70,000 in loans taken out in her name had also vanished.

Maione has been charged with manslaughter. Picture: Ten News First.
Maione has been charged with manslaughter. Picture: Ten News First.

Maione was sacked by her employer, Integrity Care (SA) Ltd, just days after the police investigation was revealed.

Ms Smith's death also sparked various investigations at a state and federal level into deficiencies in the NDIS program and the supervision of vulnerable individuals.

On Friday, prosecutor Domenic Petraccaro SC said Maione was the "sole suspect" in the disappearance of the jewellery and the cash, which he valued at $220,000.

"Police arrest when they are ready to arrest, not when Mr Ey thinks they are ready to arrest," he said.

"Neither the jewellery nor the money have been located … if released, the accused would have a vested in doing something about that."

He asked that, if Maione were bailed, she be banned from contacting anyone at Integrity Care and also from working as a carer.

Mr Ey said there was a "fat chance" of his client resuming her career, and insisted police had already moved to investigate and secure Maione's bank accounts.

Mr Petraccaro replied: "That's assuming any missing items are in banks."

Magistrate John Fahey ordered a home detention bail inquiry report and remanded Maione in custody until Thursday.

Originally published as Ann Marie Smith arrest was 'grandstanding to the max'

Ann Marie Smith. Picture: SA Police.
Ann Marie Smith. Picture: SA Police.


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