$136,000 Fraud Dropped as a Result of Successful Basha Hearing

In late 2017 our client was charged with the offence Fraud to the value of $30,000.00 or more pursuant to section 408C(1)(b)(2)(d) of the Criminal Code 1899 (Qld). The Crown alleged that our client created a scheme with an associate, involving the associate’s wife making a life insurance claim, pretending she had multiple sclerosis (MS).
Our client’s ex-wife had previously suffered from multiple sclerosis and had received an insurance payout in 1998 of between $110,000 and 120,000.

Our client’s associate’s wife took out a life insurance policy in 2000, her financial adviser had assisted her in taking out the policy with the insurance company. It was alleged that the associate’s wife had attended upon a number of doctors making false complaints of symptoms consistent with multiple sclerosis. Further the associate’s wife and our client’s ex-wife were said to have attended an MRI appointment where our client’s ex-wife posed as the associate’s wife resulting in the test results coming back indicating a diagnosis of MS.

The associate’s wife then proceeded to make a false trauma claim through her financial adviser which was lodged with the complainant insurance company. As a result of the claim, the associate’s wife received a pay out of $300,258.00. The Crown alleged that our client received $136,000.00 from the associate for his role in the scheme.
In 2012, the associate of our client sent an email to his wife’s financial adviser telling him that his wife had made a false insurance claim. The following day, the associate committed suicide. The complainant insurance company was notified by the financial adviser and an investigation was commenced by police.

Our client’s ex-wife participated in a record of interview in 2015 making full admissions to her involvement, she was ultimately criminally charged and convicted of fraud. The associate’s wife was also charged. She contested her matter and was convicted by a jury after a two-week trial.

Our client was previously represented by another law firm. Upon being recommended to Alan Phillips, our office took over carriage of his matter.

Our client was provided advice that the main witnesses in the matter could be cross examined in a Basha hearing, in order to test their evidence. Alan Phillips of our office appeared before the Ipswich District Court instructing Scott Lynch of Counsel in the hearing. Two witnesses gave evidence and were cross examined.

Both witnesses performed poorly. As a result of the hearing, the charge against our client was discontinued.

Out of 3 people charged with this offence, only our client was not convicted.

Our client was grateful for the outcome achieved by Mr Phillips and Mr Lynch.

If you are interested in our criminal lawyers acting on your behalf, please call Alan Phillips on 3009 8469.

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