A Dunedin woman with a substantial social media following who falsely accused her midwife of killing babies has been sentenced to 12 months of supervision, with a judge labelling her actions "insidious".
Elana Jane Robins, 32, appeared in the Dunedin District Court for sentencing before Judge David Robinson on Tuesday, having previously admitted a charge of posting a harmful digital communication. The charge stemmed from a TikTok livestream on August 5, where Robins made a series of false and threatening allegations against her former midwife following the tragic death of her own baby in utero.
The court heard that during the livestream, which was viewed by about 200 people live and reached her audience of approximately 68,000 followers, Robins displayed the midwife's online biography. She accused the health professional of "un-aliving babies" and revealed she knew her address, stating, "You wait till this autopsy comes back, girl . you’re going to have to hide real bad."
The police summary noted the comments caused the victim significant fear for her personal safety and had the potential to cause immense damage to her professional reputation. The case highlights the growing legal consequences of online harassment, governed by New Zealand's Harmful Digital Communications Act 2015, which aims to protect victims from serious emotional distress caused by digital posts.
Judge imposes strict social media ban
In court, defence counsel Rhona Daysh presented a letter of apology from Robins and said her client expressed genuine remorse. Judge Robinson acknowledged the apology but emphasised his primary concern was protecting the victim from any further harm. He described the online attack as having a far-reaching and dangerous effect.
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. This kind of behaviour has a really insidious effect, simply because of the reach you have through your audience.
While the judge stopped short of a complete ban on social media, he implemented strict conditions. Under the 12-month supervision sentence, Robins must make her electronic devices available to a probation officer upon request and is explicitly forbidden from making any social media posts or comments about the victim. This measure seeks to prevent a repeat of a scenario that has seen reputations and careers damaged by online accusations, a theme also seen in recent disputes like the accusations of bullying and interference at Columba College.
A week of serious sentences in Dunedin
Robins' sentence is one of several significant judgments handed down to Dunedin women in recent days, painting a stark picture of serious offending and its consequences in the city. In a separate case, 60-year-old Julie Elisabeth Morton was sentenced to three years and two months in prison for stealing nearly $1 million from her own mother.
The court heard that between 2015 and 2018, Morton, who held enduring power of attorney over her mother's finances, abused her position to steal $965,310. The funds were spent on personal luxuries, including jewellery, clothing, landscaping, and over $12,000 on Amazon purchases. Morton had a previous conviction from 1997 for stealing $220,000 from her employer.
The theft left a devastating impact on her family. Her brother, John Morton, who was deprived of his full inheritance, expressed "betrayal and devastation" and said the lack of a reparation order was a "slap in the face."
Repeat offender jailed
The series of heavy sentences continued in the wider region, with Nelson mother Paula Trainor jailed for 18 months after her 13th conviction for driving while suspended. On one occasion, she was driving carelessly with two young children in the car before crashing into a railing.
Judge Jo Rielly noted that she had previously given Trainor opportunities to avoid prison to continue her rehabilitation and care for her children. However, further alleged offending while on bail left the court with no other option. Compounding her sentence was a burglary charge, where she helped steal copper cabling from a power company. The judge acknowledged that homelessness had been a "significant feature" of Trainor's difficult journey through the justice system.
The recent cases bring to mind Dunedin's long and sometimes notorious history of female criminals, most famously the confidence trickster Amy Bock. In 1909, Bock was declared an "habitual criminal" after a career of fraud that culminated in her posing as a wealthy sheepfarmer named "Percy Redwood" to marry a local woman. While the nature of crime has evolved from elaborate impersonations to digital harassment, the Dunedin courts continue to deal with complex and serious offending.
Ultimately, Judge Robinson's parting words in the Elana Robins case serve as a warning to all social media users on the real-world impact of online actions. He stressed the gravity of the offending and the court's duty to prevent such harm, ensuring a measure of safety for a professional who was targeted in her own community.
