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A Dunedin woman who falsely accused her midwife of killing babies has been sentenced to supervision, with strict limits placed on her use of social media.
Elana Jane Robins, 32, appeared in the Dunedin District Court today for sentencing before Judge David Robinson after earlier admitting a charge of postinga harmful digital communication.
The court heard Robin’s baby had died in utero, and Robins blamed her midwife.
The claims were then investigated by a regulatory body.
On August 5, Robins livestreamed the allegations on TikTok, with the video reaching about 68,000 followers – around 200 people were watching live at the time.
During the livestream, Robins displayed her former midwife’s online biography and made a series of abusive and threatening comments, including claims the woman had been “un-aliving babies”, and saying she had the midwife’s address.
“She is the mother of three adult children and she’s out here un-aliving babies,” the defendant said at one stage.
“You wait till this autopsy comes back, girl ... you’re going to have to hide real bad.”
The police summary said the comments caused the victim to fear for her safety and harmed her professional reputation.
Elana Jane Robins was sentenced in the Dunedin District Court for making false claims against her midwife. Photo / Facebook
Defence counsel Rhona Daysh told the court Robins had since written a letter of apology and expressed genuine remorse.
Judge Robinson acknowledged the apology, saying it “does impress as a general apology”.
He said he was particularly concerned about protecting the victim from further harm.
While he stopped short of banning Robins from using social media altogether, he said safeguards were needed given how easily online platforms could be used to influence large audiences.
In sentencing, Judge Robinson imposed a term of 12 months’ supervision, including conditions requiring oversight of Robins’ use of electronic devices.
Robins must make her devices available to a probation officer on request and is banned from making any social media posts or comments about the victim.
Judge Robinson said the offending had serious consequences, particularly given the scale of Robins’ online reach.
“This kind of behaviour has a really insidious effect, simply because of the reach you have through your audience,” he said.
“What you said not only has caused significant emotional impact, it could have had a huge financial impact on the victim as well. Professionals value their reputation.”
