Court allows disclosure of 'Auntie Em' case identities
The identity of the woman who allegedly abused 95-year-old "Auntie Em" is revealed for the first time today after The Royal Gazette won the right to report fully on a civil court case involving her.
Rosamund Hayward is being sued for $25,000 by caregiver Yvonne Dawson who claims she was not paid all she was owed for looking after Mrs. Hayward's mother, Wilhelmina Violet Liburd.
Mrs. Liburd is the frail great-grandmother known as Auntie Em whose appalling plight was first revealed by this newspaper last September.
Yesterday, with the blessing of the near-blind widow's nephew Stephen Woodley, The Royal Gazette fought successfully in Magistrates' Court for the right to name all those involved in the civil proceedings.
In order to protect her privacy, Auntie Em's identity was not disclosed in our original exposé of the alleged abuse and neglect she is said to have suffered at the hands of her adopted daughter Mrs. Hayward.
Mr. Woodley, who holds power of attorney for her, has since decided she no longer needs to remain anonymous. Earlier this year he named his aunt in a documentary about seniors which has been aired twice on national television.
Mrs. Liburd was also named by Opposition MP Louise Jackson in the House of Assembly.
Reporting of the civil case brought by Ms Dawson was, however, subject to an order made by Magistrate Juan Wolffe last December banning publication of any information which could identify Mrs. Liburd.
Yesterday morning the case was back before the court and Magistrate Tyrone Chin said he would continue the order and extend it to prevent the use of the words "Auntie Em" in any report of proceedings.
But he changed his mind after hearing submissions in the afternoon from lawyer Tim Prudhoe, representing The Royal Gazette.
Mr. Prudhoe argued it was pointless to continue the ban since its original purpose of protecting Auntie Em's identity was no longer relevant. He reminded the court that there was no presumption of anonymity in civil proceedings.
"There is no continuing value in any reporting restrictions," said Mr. Prudhoe, adding that Mr. Woodley did not oppose the newspaper's attempt to get the ban lifted.
Mrs. Hayward's lawyer Ray DeSilva told the court his client suffered verbal abuse from members of the public as a result of the newspaper stories. "My client does not wish to go down the street and have everyone talking about her business," he said.
He said the civil case was concerned with whether or not Mrs. Hayward and Ms Dawson had an agreed contract, not the level of care Mrs. Liburd received from her daughter.
"This was a private contract," he said. "This was not a round table discussion on the streets of Hamilton and we don't want it to turn into that."
Mr. Chin lifted the restrictions because, he said, the identity of the person they were aimed at protecting had been purposefully put into the public domain by Mr. Woodley.
He said the original articles on Auntie Em identified her to many people anyway, even though she was not named.
Mrs. Hayward has never faced any criminal charges in connection with the alleged mistreatment of Mrs. Liburd at the family home in Upland Street, Devonshire, which was found by environmental health officers to be unfit for human habitation.
Auntie Em was eventually taken in by Ms Dawson and ultimately ended up in hospital where part of one leg was amputated due to gangrene.
The National Office for Seniors and the Physically Challenged investigated the case and reported that there was "much concern over Ms Liburd returning to her home to endure both psychological and emotional abuse".
The nonagenarian is now in the Continuing Care Unit at King Edward VII Memorial Hospital.
Mrs. Hayward is understood to still live in the family home with husband Patrick, their son and daughter and grandchild. The case continues today.