Lawyer Mark Adam Freer facing District Court trial for defrauding tens of thousands from aunty, cousin

An elderly pensioner has lost her home after her nephew, a lawyer, allegedly defrauded her and her daughter, a court has heard.

Former lawyer Mark Adam Freer has pleaded not guilty to fraud charges and is standing trial in the District Court. Picture: Matt Turner

An elderly woman lost her home after signing documents she believed would allow her daughter to refinance a mortgage, a court has heard.

The woman, Dianne Russell, said she trusted the paperwork presented to her by her nephew, Mark Adam Freer, because he was a lawyer and a family member.

Freer, 50, is standing trial in the District Court accused of defrauding tens of thousands of dollars from his aunty and cousin while he worked out of now-defunct CBD firm Warmings Solicitors in 2014 and 2015.

Opening his case, prosecutor Peter Longson said Freer’s cousin, Nadiene Wright, a hairdresser, had been left more than $70,000 in the will of an elderly client.

She approached Freer for legal help with a divorce and handed him two inheritance cheques to be placed into a trust until after a settlement had been reached.

But the court heard Freer, of Craigmore, opened a new bank account and deposited the money there instead.

“The backs of those cheques had been altered,” Mr Longson said.

It is alleged Freer withdrew all the money from the account within six weeks and spent it on expenses including credit card and rent payments, and at Coles, The Good Guys and Officeworks.

Mark Freer allegedly spent cheques made out to his cousin, Nadiene Wright, on expenses including credit card and rent payments. Picture: Matt Turner

Mr Longson told jurors Ms Wright’s mother, Ms Russell, became involved because she was prepared to use some of the equity from her own unit at Seaton to help her daughter refinance her home.

He said that in June 2015, Freer visited Ms Russell and asked her to sign documents.

“She thought these documents were to assist her daughter in refinancing the house,” Mr Longson said.

“She trusted (Freer) because he was a lawyer and he was family.” One of the documents she signed was a memorandum of mortgage, which mortgaged her unit to a company called Mango Capital.

The unit was then used as security for a loan of $120,000 to be repaid over six months, which was approved and deposited into the bank account of Freer’s colleague.

The colleague transferred $12,500 to Freer and, within a week, had spent the remainder of the money on numerous items.

No payments were ever made on the loan and Ms Russell, a pensioner, was evicted from her unit in 2015.

She made no money from the sale and still owed money to Mango Capital.

Kathryn Waite, for Freer, said: “The issue in this matter is dishonesty.”

“At the end of the day, the real question for you will be ‘How could you ever be satisfied … that Mr Freer is the architect of the dishonesty in these transactions?,” she said.

Freer has pleaded guilty to one count of fabricating evidence in relation to an affidavit he filed in Ms Russell’s name in court proceedings brought by Mango Capital.

He is standing trial on aggravated counts of theft, deception and dishonestly dealing with documents.

The trial continues before Judge Liesl Chapman and a jury.