Flood relief fraudster freed

Magistrate hears plea to avoid jail

A MAN who fraudulently claimed disaster relief funding amid last year’s monsoonal deluge was not even in Townsville.

As water flooded into homes on February 12 last year, Steven Ronald Cole, 27, lied about where he was living in order to claim a one-off $1000 Australian Government Disaster Recovery Payment.

But after an impassioned plea to a magistrate, Cole will not go to jail.

Commonwealth prosecutor Catherine Ferguson said Cole’s application claimed he lived at an address in Townsville which was damaged. The day after he submitted the sham application $1000 appeared in his bank account.

“He was not entitled to that payment as he did not reside and had never resided at that address,” Ms Ferguson said.

The false address did not sustain any damage.

Cole faced the Townsville Magistrates Court yesterday where he pleaded guilty to one court of obtaining financial benefit.

The maximum penalty for the offence is 12 months jail and/or a fine of $12,6000. Ms Ferguson said no other penalty but custody should be considered.

“The conduct of the defendant was calculated and deliberate, involving a false claim for a government payment designed for victims of a natural disaster,” she said.

“Despite the quantum of the overpayment being smaller than most social security frauds, a smaller quantum does not make the offence of a lower seriousness.

“He took advantage of a system designed to help those in dire need.”

Cole repaid $377.27 through non-voluntary sacrifices of his social security payments.

Defence solicitor Troydon Maltby said his client, who was released from jail in September, had claimed the funds out of “desperation”.

Mr Maltby said Cole had been in Adelaide to be with his two daughters who lived there with their mother.

When his accommodation in South Australia became “unstable”, Mr Maltby said

Cole tried to return to Queensland.

“Out of desperation he made a claim for these funds as a means to get himself back to Townsville,” Mr Maltby said.

“He had taken steps to attempt to get back to Townsville by other means and then recklessly made this decision.”

Cole interrupted proceedings with an impassioned plea to Magistrate Steven Mosch, asking he not hand down a jail sentence that would impact the positive changes he had made in his life.

“My whole life has just been out of control,” he said.

“I just did nine months in jail for something I didn’t even do and that was the biggest wake-up call of my life.

“I just don’t want to go back to jail because if I go back to jail, that will just ruin this good thing I’ve got going on.”

Mr Mosch said Cole took advantage of the honestybased criteria of the payment.

“You were not even in Townsville,” he said.

“You’ve effectively offended against all taxpayers”

Mr Mosch sentenced him to three months jail but released Cole on an 18-month $1500 recognisance order.