May 07, 2009

Former Australian lawyer jailed for dishonesty

A former lawyer from Australia who committed four deception and forgery offences in New Zealand was sentenced to four months in prison, and when he is released he will be deported to Australia.

Bruce Graeme Da Costa, 55, was told that the sentence reflected his age, good background, and co-operation with the police in their investigation into his co-accused.

Defence counsel, Glen Henderson, told Christchurch District Court Judge Jane Farish that home detention and community detention was unavailable for Da Costa.

He said the co-accused man offered him a job in New Zealand. He didn’t know anyone here and relied on him. When Da Costa first came to court he thought the man would be at court to provide him with a bail address but he didn’t turn up.

He said most of the money Da Costa had withdrawn from the bank had been repaid and there was only $715.24 outstanding.

Da Costa had a practising certificate in Queensland, but it was not relevant to the documents he was signing. There was no loss to anyone, and no suggestion of fraud in Australia. He had a dispute in the Southport Magistrate’s Court for practising as a solicitor without a licence, but had his own counsel over there, Mr Henderson said.

Judge Farish said when Da Costa arrived in New Zealand he forged bank statements and employment letters to apply for a bank card and personal loan.

She said it was a preconceived and reasonably sophisticated offence, and that Da Costa was not naive. He was well aware of the criminality involved.

The judge made no order for a reparation payment.

An earlier hearing on the case delayed sentencing so the crown could obtain details about why Da Costa had been struck off as a lawyer in Australia.

He pleaded guilty in the Christchurch District Court two weeks ago to one charge of forgery and three of obtaining funds by deception.