Top cop loses legal bid to appeal ex-mayor’s fraud acquittal

The Queensland Police Commissioner has lost her Supreme Court bid to appeal against an Ipswich District Court decision to acquit a former mayor of 13 fraud charges.

In May 2018, former Ipswich City Council mayor Andrew Antoniolli was charged by the Crime and Corruption Commission and accused of misusing more than $10,000 to buy charity items.

Former Ipswich mayor Andrew Antoniolli leaves the Brisbane Supreme Court in June.Credit: Toby Crockford

He was sentenced to six months’ jail, wholly suspended, in June 2019, but on appeal in December 2020 was acquitted of 13 fraud charges and a breach of bail offence.

During his 2019 trial, Mr Antoniolli testified he acted on the advice of two Ipswich council CEOs that councillors could buy charity auction items and record the costs as donations on council records.

The trial heard Mr Antoniolli never believed he had acted dishonestly and that he had acted within guidelines set by the two CEOs.

In June, Queensland Police Commissioner Katarina Carroll applied for leave in the Supreme Court to appeal against Mr Antoniolli’s acquittal.

Ms Carroll put forward the case that Mr Antoniolli had acted dishonestly in his auction purchases and use of council funds, and that his actions breached Ipswich City Council policy.

Prosecutor Sarah Farnden argued there was unchallenged evidence that Mr Antoniolli was told how to bid on items and dishonestly get them approved by council.

In response, Mr Antoniolli’s barrister Saul Holt said there was no finding that the council CEOs conspired to advise Mr Antoniolli how to dishonestly get council to approve the purchase costs.

He also argued Mr Antoniolli was found to be “not outside” council policy in what he had done and there was a “lack of clarity” in the council’s policy documents regarding community donations.

In the Ipswich District Court ruling, it was recognised that none of the items were used personally by Mr Antoniolli and “some were not actually received by him”.

Court of Appeal justices John Bond, Peter Flanagan and Chief Justice Catherine Holmes released their decision on Tuesday, finding in favour of Mr Antoniolli.

“The problem for the applicant [Ms Carroll] was that the District Court judge had found that [Mr Antoniolli’s alleged] dishonesty was not proved and ... that [Mr Antoniolli] believed the practice of purchasing items at charity auctions was within the council donations policy, as long as he did not benefit personally,” Justice Bond said.

“I agree with the Chief Justice that the District Court judge correctly concluded that the Grants, Donations, Bursaries and Scholarship Policy did not prohibit receipt of a benefit in return for a donation, but that he [Ipswich District Court judge] erroneously concluded that a contribution made in the knowledge that a benefit would be provided by the recipient, was within that policy.

“[However] I do not think that it is arguable that that error is one which, if corrected, would justify overturning the factual finding as to the respondent’s belief ... the fact of the error would not warrant a grant of leave to appeal.”

The 13 fraud charges involved 13 successful bids at auctions held by community organisations between 2005 and 2017. The items included:

• A painting at a school P&C auction, on which Mr Antoniolli bid $700;
• A $250 bid for a commemorative Ipswich rugby league jersey;
• A pamper pack auctioned in support of a hospice, with a bid of $200;
• Another auction by the hospice at which Mr Antoniolli bid $1000 for three pieces of art;
• A successful bid of $250 for another pamper pack auctioned at a fundraiser for the hospice;
• A bid of $400 for a bicycle at a fundraising dinner for a charity;
• Paintings bought for a total of $400 to at a domestic violence support centre fundraiser;
• A $500 bid for a gym membership at a youth service’s fundraiser;
• A $5000 bid for a trek bicycle auctioned by a school-based charity.