Ronald Glenn Stakenburg in Bundaberg District Court on stealing charge

A former award winning builder has faced court for his “foolish” actions in stealing more than $70,000 from an elderly man.

A building certifier who kept $71,400 which had been sent to him accidentally by an elderly man, has now got 12 months to sell his family home and return the money he took.

Ronald Glenn Stakenburg, 53, pleaded guilty in Bundaberg District Court to one count of stealing property valued over $5000.

Crown Prosecutor Carla Ahern told the court the victim had enlisted the services of a business to relocate his home, a job that came with a $71,400 price tag.

The house relocation business had then put forward Stakenburg’s services to carry out certification duties, which would cost the victim between $1200 and $1500.

But when the 88-year-old victim went to pay the house removal company, he mistakenly placed the money into Stakenburg’s business account instead.

It was heard that between June 13 2021 and August 26 2021, Stakenburg’s company stated it had received the money in error and that it would be transferred to the house removal company, but claimed there were issues and it would be faster if the victim tried to reverse the transaction.

The court heard that on one occasion, the victim had been issued a false invoice to pretend his money had been transferred to the correct business.

It was further heard that when the victim’s daughter contacted Stakenburg’s business to say the money had not be forwarded and that they would take legal action, Stakenburg replied “that’s fine, we’ve also contacted AFP (Australian Federal Police) this morning”.

This was not true.

Ms Ahern said the complainant contacted police, who attempted to resolve the issue without criminal charges, but said Stakenburg wasn’t honest with police and was arrested.

“He told police he did not think he did anything wrong,” Ms Ahern said.

During the police investigation it was found Stakenburg had moved the money into his personal bank account where a “large portion” of it was then transferred to an alleged fraudster in what is believed to have been an interstate mining rights scam, essentially making Stakenburg a victim of fraud within his own offending.

Stakenburg’s lawyer John Dodd argued that his client’s involvement in the scam was comparable to someone who takes $10 to spend on the pokies, believing they’d receive a return and could give it back.

The court heard Stakenburg did eventually make admissions to police, but Ms Ahern said the defendant’s version of events were “self-serving” and not accepted by the Crown.

“He lied to the complainant about returning the money on multiple occasions,” she said.

“There is evidence that he took steps to hide that lie, for example, by writing a false invoice.”

The victim, who still had to pay the house removal company, was forced to sell other property in order to foot the $71,400 bill.

Mr Dodd told the court Stakenburg had joined the army in his teens where he became a bombardier, but his career had resulted in injuries to his legs which saw him leave the defence force and take on other fields of work.

Eventually, he took on building, earning an award in 2002 for the best unit development under $1 million by the Master Builders Association.

Ronald Glenn Stakenburg outside Bundaberg Court House.

However, the court heard that medical concerns around Stakenburg’s army disability and the risk he’d end up needing a wheelchair if he continued building led him to taking on other services such as building certification and compliance.

Mr Dodd said Stakenburg had suffered a number of physical issues and depression, and had made one attempt to take his own life, resulting in him being under supervision by family.

As a result of his offending, Stakenburg stopped his certification business and went back to building, having to take on work in Hervey Bay due to the damage done to his reputation in the Bundaberg region.

In sentencing, Judge Nathan Jarro told the court it was “perhaps a one-off occasion”.

“... there was no planning or pre-meditation on your part, but it’s what you did afterwards in order for you to mislead an elderly person who was ultimately pursued and forced to sell his own assets, which he shouldn’t have had to have done in the first place, in order to pay this not insignificant amount, and that’s because of your own foolish actions which cannot of course be condoned,” he said.

“You did take advantage of the situation.”

Judge Jarro accepted Stakenburg had insight into his offending and had shown remorse.

Stakenburg, with approval from his wife, had agreed to sell their family home in order to return the victim’s money.

He was sentenced to three years’ imprisonment with immediate parole and must pay $71,400 restitution within 12 months.

Convictions were recorded.

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