VILE ACT: Carer films naked, impaired client
A FORMER Mackay carer has been berated for a "disgusting" breach of trust after he filmed a naked and vulnerable client and sent the recording to about 12 mates on social media.
The vile incident happened in May 2017 at an Andergrove home where Uzziah Kairae had been caring for a man with an intellectual disability.
"You were working as a commercial carer for a man with Down syndrome, you filmed him naked while you were hosing him in the backyard," Magistrate Bronwyn Hartigan said.
"You then sent that image or recording to 10 to 12 individuals on Facebook and I know that you've said that you only intended to send that to your partner because she asked you what you were doing at work that day, but even that is a gross breach of trust.
"You took advantage of him in that disgusting way and you should be thoroughly ashamed of yourself."
In August that same year Kairae pleaded guilty in Mackay Magistrates Court to making observations or recordings in breach of privacy and distributing prohibited images.
Convictions were recorded and he was handed a three-year probation order, but Kairae did not comply and found himself back before the magistrates court.
Ms Hartigan said Kairae had been lucky not to be handed a term of imprisonment at the time.
"I sent it by accident," Kairae told the court.
"Well you didn't plead on that basis - those are the facts," Ms Hartigan said.
"It was a disgusting act … even if that was sent in a personal situation."
Kairae pleaded guilty to breaching a probation order.
Ms Hartigan revoked the order but ultimately decided Kairae was not at the point where a term of jail should be imposed for the breach.
Instead she gave him the maximum hours for community service - 240 hours - to be completed in 12 months.
"You won't get probation or community service next time," Ms Hartigan said.
Convictions are still recorded.