Joanne Whyte: Former aged care worker allegedly accessed elderly woman’s account over 100 times

A former employee of aged care provider Australian Unity Home Care Services allegedly drained more than $16,000 from an elderly client over five years, a court has heard.

Joanne Whyte leaving Port Kembla Local Court on Monday on the first day of her hearing. Photo: Dylan Arvela

A former employee of aged care provider Australian Unity Home Care Services allegedly drained more than $16,000 from an elderly client over five years, a court has heard.

Joanne Whyte allegedly accessed the complainant Janette Nicholson’s Commonwealth Bank on 130 occasions and transferred money – ranging from tens to hundreds of dollars – to her own account.

Whyte, 53, appeared in Port Kembla Local Court on Monday for a hearing after previously pleading not guilty to dishonestly gaining financial advantage by deception.

In his opening statement, police prosecutor Sergeant Chris Manning said the Barrack Heights woman’s alleged offending occurred over a “significant period”.

Sgt Manning submitted obtaining any financial advantage was against her employer’s policy and Ms Nicholson was suffering “cognitive and mental deficits” leading to her to be unable to “understand” what Whyte was doing.

“[Whyte was] targeting the elderly through her mode of employment,” Sgt Manning said.

Defence lawyer Michael Sinadinovic submitted that his client withdrew money with Ms Nicholson’s permission.

“There was no dishonesty in relation to those withdrawals,” Mr Sinadinovic said.

Joanne Whyte previously pleading not guilty to dishonestly gaining financial advantage by deception. Picture: Sam Ruttyn

“There was no benefit for my client [because] the moneys were given directly to the complainant or spent on items the complainant had asked the defendant to buy.”

The court heard from the officer in charge Detective Senior Constable Nicholas Stewart, 99-year-old associate of Mrs Nicholson, Jacoba Bogaard and Mrs Nicholson’s son Martin Aspery.

Ms Nicholson was unable give evidence with Constable Stewart telling the court the complainant’s dementia had “deteriorated” and she was about to be admitted into full-time care.

Magistrate Michael Ong accepting she could not be called and received a transcript of an interview between Ms Nicholson and Constable Stewart in the wake of Whyte being charged in December, 2022.

During his evidence, Constable Stewart said the alleged offending came on his radar in August, 2022, after meeting with Ms Bogaard about money she suspected had been stolen.

The hearing began in Port Kembla Local Court on Monday and will continue in Wollongong Local Court on Tuesday.

No charges have been laid regarding this.

However, upon speaking to Ms Bogaard at Oak Flats Bowling Club, she informed the officer about another woman – Ms Nicholson – who lived close by and was also assisted by Whyte.

Constable Stewart obtained gambling records from the bowling club stating Whyte was a patron at the venue.

The court heard Mr Aspery also had access to his mother’s account and made one withdrawal during the period in question.

Whyte and a representative of the NSW Trustee and Guardian – who oversaw Ms Nicholson’s finances – are expected to give evidence when the hearing resumes in Wollongong Local Court on Tuesday.

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