Dr James Ian Spark sentenced to two-year, good behaviour bond after falsifying time sheets, scamming more than $52,000

An SA surgeon has been sentenced for scamming more than $52k in taxpayers’ money - and was ordered to pay it back within weeks.

A “highly regarded” vascular surgeon who scammed more than $52k in taxpayers money has been handed a 10-month jail sentence – suspended upon entering into a two-year good behaviour bond in the amount of $500.

Dr James Ian Spark, 59, of Kingswood, appeared in the Adelaide Magistrates Court on Thursday in front of Magistrate Benjamin Sale who ordered Dr Spark to pay back the $52,244 he scammed – by falsifying time sheets – within 14 days of signing the bond.

Mr Sale acknowledged Dr Spark’s guilty pleas saved both the court and community “the expense of a trial” – factoring that and the uncertainty of his medical employment future into sentencing.

Dr James Ian Spark leaves court on Thursday. Picture: Charlie Dadds

Dr James Ian Spark leaves court on Thursday. Picture: Charlie Dadds

“It seems highly likely that you will very shortly be unable to work for an extended period of time … How extended, that period is not certain,” Mr Sale said.

“It may be – although it is by no means clear to me – that you will never practise medicine again. I consider this an extra-curial punishment and will take it into account and the significant matter of the sentence.

“I also consider the ongoing issues of your registration – which may be hanging over you for years to come – will have a similar deterring effect on you.”

Last month, a court heard one of Dr Spark’s so-called patients, Jane Smith, did not exist.

A court also heard Dr Spark admitted his offences were made from a sense of “self-entitlement” for the “above and beyond” work to which he was contributing.

In a signed document addressed to Mr Sale, Dr Spark apologised for entering “false information” on time-sheets throughout 2017 and 2018, which led to charges of seven counts of deception and one count of attempted deception.

Dr Spark, who worked at Flinders Medical Centre and his own practice, was originally charged with 56 counts of deceiving another to benefit himself following an ICAC investigation.

Mr Sale cited 27 character references in court on Thursday, as well as Dr Spark’s “excellent” prospects of rehabilitation.

Vascular surgeon Dr James Ian Spark. Picture: Supplied

“Counsel also submitted that your prospects of rehabilitation are excellent and directed my attention to your lifetime of law-abiding behaviour – where you have made yourself a beloved father, husband, friend and colleague,” he said.

“It was also put that your offending wasn’t motivated by any psychiatric, psychological or other disorder that might resurface.”

However, Mr Sale also made note of Dr Spark’s position at the Flinders Medical Centre – one that saw him gain the trust of others he then exploited.

“You were and remain – at least in the eyes of those that I’ve heard from – a highly regarded surgeon who gave and wishes to continue to give generously to your patients,” Mr Sale said.

“Those who speak about your personal attributes mention your kindness, compassion and integrity. The considerable mitigatory value of your good character must, however, be balanced by that it was those very qualities that permitted you to occupy the position of trust that you exploited.

“While no individual is out of pocket due to your deception, you took from the limited pool of money which is there to fund vital work.”