Cairns crime: Toni Maree Babich pleads guilty to employee fraud

A woman who defrauded her employer of more than $48,000 received her sentence in Cairns District Court on Wednesday.

A WOMAN who defrauded her employer of $48,796 dissolved into tears after she was sentenced in Cairns District Court on Wednesday.

Toni Maree Babich, 49, pleaded guilty to employee fraud.

The court heard she worked as accounts manager for Seeter Pty Ltd – trading as Great Barrier Reef Tuna – when between May 9, 2018 and September 11, 2019, she made direct debit payments and transferred the funds to her PayPal account, disguised as payment to suppliers.

Prosecutor Naomi Wilson told the court the direct debits totalled $35,070 and other amounts were used for payments to her personal credit card, housing payments, Telstra bills and a Spotify subscription.

She said bank statements showed Ms Babich holidayed at Peppers Resort in Tasmania.

Ms Wilson said Ms Babich had a similar previous conviction involving $13,000 in 2001.

She received three years’ probation for that offence.

Defence solicitor Bebe Mellick said Ms Babich was sacked on September 19, 2019.

He said likely because of Covid lockdowns, police did not make contact with her until 15 months later.

“Had my client been charged much earlier it is quite likely she would have served a substantial part of her sentence, her life has effectively been on hold, she can’t move forward,” he said.

Toni Babich was sentenced for defrauding Great Barrier Reef Tuna.

“She was entitled to $21,000 in holiday and leave loading and never sought that, so a little under half has effectively been repaid.”

But Ms Wilson said her employer disputed she was owed $21,000.

Mr Mellick said Ms Babich was the primary carer for elderly parents in ill health at the duplex where she lived.

“It is a matter of extreme concern to my client, her inability to look after them for a period of time,” Mr Mellick said.

“The money was taken for need, not greed, it was not for designer clothes, holidays, she had no issues with gambling or drugs, she was simply trying to make ends meet as best she could.

“The offending lacks any real degree of sophistication, it was inevitable she was going to be caught,” he said.

“She worked very long hours, quite often on weekends and was on call 24/7 and from her perspective, she was never properly compensated for the hours that she did.

Judge Dean Morzone sentenced Toni Babich to three years and three months imprisonment.

“The real reason she took the money was to try support her immediate family and parents.”

Judge Dean Morzone, QC, told Ms Babich she had held a position of trust with the company.

“The offending is serious in its nature, it was relatively sophisticated … about 22 transactions,” he said.

“It doesn’t seem as though you indulged in overt extravagance although there does seem recreation spending, otherwise I do accept you felt yourself driven to take this course to make ends meet and to support your family, using the way you knew from a past conviction of striking similarity.

“Here you are again,” Judge Morzone said.

“You have provided some form of restitution although the quantum is unclear, you calculated $21,000 but it seems to me it may be something less.”

He sentenced Ms Babich to three years and three months imprisonment, to be suspended after nine months, with four years’ probation.

Originally published as Cairns crime: Toni Maree Babich pleads guilty to employee fraud