ANTONIOLLI CLEARED: Former mayor’s appeal upheld

Former mayor Andrew Antoniolli has been cleared of all convictions of fraud following an appeal

Former Ipswich Mayor Andrew Antoniolli is seen leaving the Ipswich Magistrates Court on August 9, 2019. Antoniolli was sentenced to six months prison, wholly suspended. The convictions and sentence have been set aside on appeal.

Convictions for fraud against former Ipswich mayor Andrew Antoniolli have been set aside, following a successful appeal.

Ipswich District Court Judge Dennis Lynch QC handed down his decision on Friday morning, after upholding the appeal by Mr Antoniolli.

Judge Lynch set aside the convictions and acquitted Mr Antoniolli of all 13 fraud offences and set aside the sentences.

 

Former Ipswich Mayor Andrew Antoniolli (right) and his wife Karina (left) are seen leaving the Ipswich Magistrates Court in Ipswich, Friday, August 9, 2019. (AAP Image/Darren England)

 

A conviction for breaching bail was also set aside.

Judge Lynch has published his reasons.

Antoniolli, then aged 48, was found guilty of fraud by Magistrate Anthony Gett on June 6, 2019.

That followed a defended hearing, in which evidence was presented, alleging Antoniolli had fraudulently used more than $10,000 of Ipswich City Council's community donation funds to buy charity items at auction.

During the trial, the court heard Antoniolli would purchase items at events using council funding.

 

Former Ipswich mayor Andrew Antoniolli leaving Ipswich Courthouse. Picture: Cordell Richardson

 

His trial largely centred around a $5000 Trek racing bicycle Antoniolli acquired from Ipswich's Yellow Jersey Bike Shop.

He was sentenced in August 2019 by Mr Gett to six months jail, wholly suspended.

A conviction was recorded. His legal team then lodged a notice of appeal.

Antoniolli admitted buying the items while he was a councillor and mayor but pleaded not guilty on the grounds it was accepted practice within the council to use the fund to buy items at auctions.

In his appeal, Antoniolli's arguments included that the purpose of the community fund was "to support a range of grants, donations, bursaries and scholarship programs for eligible community organisations" and "support the role of community organisations and recognise their valuable contribution in the delivery of community services and in enhancing the lifestyle of Ipswich residents".

Antoniolli submitted that in the case of each of the charges, the money coming from the community fund was actually paid to community organisations. It was submitted therefore no deflection from purpose was established by his acts.

In his findings, Judge Lynch said the magistrate erred in ignoring the fact that Antoniolli at no point acknowleged he had done anything wrong by bidding on charity auctions or supporting payments from the community fund.

"The learned Magistrate found the appellant admitted knowing the donation policy was

"flawed for lack of transparency and accountability" and relied on this as one of the

reasons for his conclusion the appellant "exhibited dishonest intent".

"This was presumably based upon the statements by the appellant to police. Reliance upon these statements as an admission ignores the context in which they were made.

"At no time did the appellant acknowledge that at the time he bid at charity auctions or supported payments from the CDF he believed he was doing anything wrong.

"Those statements, consistent with the evidence of the appellant in cross-examination, were no more than a reflection of the appellant's state of mind after being informed by Mr Kellar that his view was the practice was outside policy and therefore not legitimate.

"The appellant at all times maintained he acted in accordance with the advice of the CEOs and which he genuinely believed to be correct.

"The use of the statements as an admission of knowledge of wrongdoing by the learned

Magistrate was factually wrong."

Originally published as ANTONIOLLI CLEARED: Former mayor’s appeal upheld