Social worker avoids prison

A TRUSTED carer has cruelly taken advantage of an elderly man by stealing a hefty sum of money from his account.

But Andrew John Ryan won’t spend any of his twoyear suspended jail term behind bars.

Yesterday the 58-year-old pleaded guilty in the Cairns District Court to fraud for stealing $24,000 from his 82year-old victim by using the man’s bank card.

“It seems to me it was really quite predatory behaviour,” Judge Terry Martin SC said.

Ryan was a Cairns-based senior social worker with the Cairns and Hinterland Hospital Health Service and had been a carer for Carl Haire since 2014.

Mr Haire’s twin sister Caroline Van Der Schans, who was in court for the sentence, said that she and her brother had been shocked after finding out.

“I was shocked because he seemed so nice, he seemed a decent sort of person ... and Carl and I didn’t believe that he could do this sort of thing.”

Ms Van Der Schans made the discovery after becoming power of attorney for Mr Haire and noticed an ATM transaction on his bank record.

Crown prosecutor Nicole Friedewald told the court that Ms Van Der Schans knew her brother wasn’t in the habit of withdrawing money this way.

Ryan stole the money across 12 separate transactions between January 18 and April 22 last year, including when Mr Haire had been hospitalised for poor health.

In a victim impact statement Mr Haire wrote that he no longer trusts people and struggles emotionally.

Judge Martin described the offending as “bewildering”.

Ryan had no criminal history and had worked for Queensland Health for the last 20 years as a social worker.

The only explanation offered was that Ryan and his family had been through an emotionally stressful time.

Defence barrister Craig Eberhardt said one of their sons suffered serious mental health issues and was unable to look after himself, resulting in constant stress and anxiety for Ryan.

He argued that Ryan should not spend time in custody because he had no criminal history, a previously distinguished career and had paid full restitution.

Judge Martin agreed but said the offending was persistent and still involved a gross breach of trust.

“It seems to me in your case there is likely to be public shaming. So your punishment doesn’t end with the order I impose today, ” he said.