Craig Thomson not guilty on 49 charges
Despite being found not guilty on 49
charges against him, former federal MP Craig Thomson could still face a
jail time after being found guilty of 13 counts of theft.
Former federal MP Craig Thomson could yet face a jail term, despite
being found not guilty on appeal of three quarters of the charges
against him.
Thomson, 50, was on Monday found not guilty of 49
counts of obtaining a financial advantage by deception because a County
Court judge found the prosecution's wording of the charges was
incorrect.
However, judge Carolyn Douglas found Thomson guilty of
13 counts of theft, related to the withdrawals of cash from ATMs when he
used Health Services Union credit cards for personal use, including
paying for sex.
Craig Thomson at the County Court in
Melbourne has been found not guilty on appeal of 49 fraud charges.
Photo: Joe Armao
The court heard that between 2002 and 2007, when Thomson was the
HSU national secretary, he spent about $5000 of union money on
prostitutes and relocation expenses for when he and his then wife were
preparing to move from Melbourne to the NSW central coast.
Defence counsel Greg James, QC, called for Thomson to serve a
six-month suspended sentence, with no time in jail, given the former
Labor MP for the NSW seat of Dobell had already been punished through
the notoriety of his case.
Mr James said that at the time of Thomson's offending, he had travelled frequently yet was still serving the union's members.
He said paying for sex was "popularly unacceptable but not illegal".
Judge Douglas replied: "I don't care whether he went to a brothel or Bunnings. It's the breach of trust."
She
said the amount of money he stole was not significant, but the breach
of trust was "very, very serious" given his responsibility within the
union.
Judge Douglas said she had thought Thomson "particularly
lucky" when in March magistrate Charlie Rozencwajg imposed a penalty of
three months in jail, with a further nine months suspended for two
years.
Thomson never served a day of that jail term as his legal team launched an immediate appeal.
In
ruling in Thomson's favour in the 49 fraud charges, Judge Douglas found
the prosecution was wrong in alleging Thomson deceived credit card
lenders, as was alleged in the charge sheets.
The judge said
Thomson had deceived the HSU when he used the money, but that was not
part of the criminal offence that was alleged.
"I find it
regrettable the prosecution decided to charge the accused in such a way.
That is an error that cannot be changed," she said.
Judge Douglas said she did not want her decision interpreted that she condoned Thomson's behaviour.
It
was clear, she said, Thomson had used the credit cards to withdraw cash
for his personal use, had no authority to do so and had previously
drafted a policy on the guidelines for the use of union credit cards.
"But this is a court of the law, not of morals," she said.
Judge
Douglas said there was enough evidence to prove beyond reasonable doubt
that the cash Thomson withdrew from ATMs belonged to the HSU, and that
he had no right to use it outside union purposes.
She found Thomson guilty on 13 charges of theft, but not guilty of two counts of theft because of insufficient evidence.
One other charge was withdrawn.
Thomson sat unmoved in the dock as the judge went through her reasons.
Thomson lost Dobell in last year's election while standing as an independent.
He is on bail as he awaits sentencing on Wednesday.
smh.com.au 15 Dec 2014
If anyone thought that the legal system is 'rigged' or that the 'brotherhood' might step in and bail out one of their own, or even if one is into 'conspiracy theories' then this case has sure got to be enough to convince people that 'pollies' are literally untouchable if they are supported by their 'brethren'.
One can literally get away with theft or even murder and have NO CONSEQUENCES, as the monies at stake are from the public purse.
The lawyers are the real criminals in matter like these.
This is the corrupt legal system at work, at its best, flaunting fraud and corruption.
