Jailed lawyer Stephen McNamara loses appeal against conviction for stealing money from the estates of two deceased clients

A lawyer who squandered hundreds of thousands of dollars from deceased’s estates has lost a jailhouse appeal against conviction.

Adelaide lawyer Stephen McNamara, outside the District Court in Adelaide in 2018. Photo: AAP Image/David Mariuz.

A lawyer and director of a legal firm who siphoned hundreds of thousands of dollars from the estates of two deceased clients has had a jailhouse appeal rejected by the Supreme Court.

Stephen McNamara, 65, is serving a nine year prison sentence for misappropriating money from the two estates and then using fake documents to try and cover up his offending.

He was found guilty of ten counts of theft, seven counts of aggravated theft and 16 counts of using fabricated evidence in judicial proceedings by Judge Michael Boylan.

However, Mcnamara launched an appeal in the Supreme Court with his legal team arguing that he had been denied justice because the prosecution case changed during the trial and the judge provided inadequate and unreasonable reasons for his decision.

In their joint decision Justices Kevin Nicholson, Mark Livesey and Chris Bleby rejected the appeal, commenting on the “unnecessary” level of detail provided in McNamara’s argument.

McNamara’s offending stemmed back to an 18-month period in 2012 and 2013.

In 2006 an employee of McNamara’s firm drafted wills for two clients with the employee being installed as executor of the will.

The employee left the firm in 2008 and moved to New South Wales, leaving McNamara responsible for the estate.

The first client died in May 2011, leaving $480,000 to his four children.

The will became embroiled in a family dispute during which time McNamara placed that money in a trust fund operated by the law firm.

He then transferred the funds into the Legal Costs Trust and Andamooka Opal Stone Trust where he was able to make withdrawals.

Over 12 transfers he drained the trust, using the money to pay off his own credit card bills and mortgage as well as paying employees.

The second client died in December 2012 leaving a $500,000 to a niece and nephew who were unaware of the bequest.

Once the case involving the first client’s family had been resolved, they put pressure on McNamara to release the estate.

With no money left from the first estate, McNamara transferred the majority of the second client’s funds back into the trust fund and paid it out.

The family of the second client discovered the will by chance and asked for the funds.

McNamara tried to stall, telling both families that the funds had been “invested” and were gaining interest.

A complaint was made to Law Society about McNamara’s actions and during a separate civil hearing he showed the court fraudulent 16 “certificates of investment”.

In Skype messages retrieved by police from Major Fraud and E-Crime, McNamara asked associated for $460,000.

“Anyway, the solution is money,” he wrote.

“In the scheme of things it is not a large amount. It just has to be raised.”