Kimberley Alice Smith sent to jail after $86,000 fraud

A prominent Queensland gem hunter and company director has been jailed after defrauding multiple businesses across Queensland and New South Wales, leaving behind about $86,000 in unpaid debts and false promises.

Kimberley Alice Smith.

A prominent Queensland “gem hunter” who specialises in sourcing and mining gems has been sentenced to prison after leaving a trail of destruction from New South Wales to Queensland, defrauding multiple businesses of about $86,000.

Kimberley Alice Smith, 37, had previously pleaded guilty to one count of stealing property exceeding $5000, five counts of fraud, three counts of fraudulently producing or using a false record, two counts of dishonestly obtaining property, and one count of fraud valued between $30,000 and $100,000.

The mother of four from Murgon, who is listed as a consultant and director of EMM & Southern Cross Dreaming Curlew Mine Pty Ltd, an Australian Indigenous company specialising in Australian crystals, rocks, gems, and minerals, was sentenced on Thursday in the Kingaroy District Court.

Judge Jennifer Rosengren sentenced Smith to a term of imprisonment, describing her offending as “typical of a fraudster” but “not sophisticated,” after she defrauded about eight businesses in the Wide Bay and Brisbane.

The court was told Smith had previously been convicted in New South Wales for similar offences.

Judge Rosengren summarised the offences, which occurred between 2017 and 2020.

The first offence took place in October 2017, when Smith hired a Toyota Camry from Hervey Bay Rent a Car but stopped payments in late October 2017.

Kimberley Alice Smith.

When the company contacted her regarding the $1160 she owed, Smith sent a fake screenshot of a bank transfer as proof of payment.

When police got involved, she moved addresses, making it difficult for them to find her.

A month later, Smith abandoned the car at the Brisbane Airport and informed the rental company and it had to spend about $900 to recover the car on top of her outstanding bill of $1920.

In 2019, Smith engaged Tony’s Truck Repairs and Spares in Gympie to repair a prime mover.

The total cost was about $21,140, of which she paid $1140 upfront.

When she came to retrieve the truck, she presented the business with a fake screenshot of a bank transfer, leading them to release the truck.

Despite repeated requests for the outstanding $20,000, she only paid $4400 over a few months before ceasing payments.

On another occasion, Smith purchased cold room panels from Delta Panels, near Brisbane, for about $5600 and used a bank cheque from a closed account.

Police conducted a search warrant in October 2019 and found the panels on her property.

She also defrauded a transport company by having a large cement mixer delivered from Murgon to Newman in Western Australia for an agreed price of $9300.

The company believed payment had been made when Smith emailed a fake attachment showing a false payment.

After the company’s lawyer sent her a letter, she paid $1000 but made no further payments.

Kimberley Alice Smith.

On August 23, 2019, she was charged and released on bail for her actions.

“You continued while on bail,” Judge Rosengren said.

In December 2019, Smith had a LandCruiser repaired by Ken Mills Toyota Rural Kingaroy, costing about $10,600.

She once again provided a fake invoice that appeared to show payment of the full amount.

After multiple attempts to contact her, Smith eventually paid for the repairs seven months after collecting the vehicle.

She then engaged Omega Rentals, a subsidiary of Clark Equipment Sales, where she hired a loader.

She paid the initial fee but failed to pay an additional $1000 when she extended the hire period.

She also hired a forklift from the same company and falsely claimed to have paid the $1700 hire fee.

Additionally, she hired an excavator bobcat for $7300, sending false documents showing payment. She eventually paid $5120.

When the company came to collect the loader, they discovered it being used by another company, Tiaro Machinery Centre.

Tiaro Machinery Centre informed them that Smith had claimed ownership of the loader and sold it to them for $30,000.

Clark Equipment Sales eventually recovered all the vehicles, with an outstanding balance of about $5000 owed to them.

The court also heard that Smith defrauded A-Plant, an equipment hire company in New South Wales, in March 2020 while on bail for her Queensland charges. She was eventually convicted of that crime.

Kingaroy Magistrates Court. File Photo.

In sentencing, Judge Rosengren stated that the nature of the offences required actual time in prison.

Smith was given a head sentence of two years and six months, with four months to be served.

She was ordered to pay $30,000 to Tiaro Machinery Centre, which her barrister indicated would be paid the next day.

She was also ordered to pay an outstanding amount of $8732.90 to Clark Equipment Rental Pty Ltd.

Smith had already paid the remaining balance while awaiting sentencing.

During the hearing, Smith was emotional, wiping away tears. Her ex-husband, who was present in the courtroom, was allowed to say goodbye to her before she was taken into custody.

Her parole release date is set for December 28, 2024.