The defendant was a Commissioner of the Aboriginal and Torres Strait Islander Commission (ATSIC). Whilst the defendant was in that position ATSIC provided grants to 2 service providers for the purchase of motor vehicles and then the defendant wrote two letters to facilitate the sale of these vehicles for the purpose of raising funds for his personal legal expenses. The defendant signed these letters as a Commission of ATSIC.
The defendant was initially charged with and convicted of 2 counts of failing to discharge his duties in good faith pursuant to section 26(1) of the Commonwealth Authorities and Companies Act 1997. The defendant successfully appealed this conviction and a new trial was ordered. At the second trial the defendant was charged with 2 counts of using his position dishonestly with the intention of gaining an advantage pursuant to section 26(2)(a) of the Commonwealth Authorities and Companies Act 1997.
The defendant was ultimately found guilty of the offences and on 13 April 2011 in the Queensland District Court he was convicted and sentenced to 12 months imprisonment released forthwith on condition that he be of good behaviour for 3 years. The defendant appealed against his conviction to both the Queensland Court of Appeal and the High Court. On 13 November 2012 the Queensland Court of Appeal dismissed his appeal. On 26 June 2013 the High Court refused Special Leave to Appeal.