Angela Emery: Kyabram mum pinned burglary on imaginary man

A Victorian judge has mocked a Kyabram mum for trying to blame a burglary on an imaginary man.

Angela Louise Emery, 36, appeared in Melbourne County Court on Wednesday for attempting to pervert the course of justice and committing offences while on bail.

A judge has mocked a mum’s “bungled” plot to make police chase a man who didn’t exist while investigating a break-in at her Kyabram home.

In February two men broke into Angela Louise Emery’s Kyabram property, smashing the windows to storm the home, as a man hid fearing for his safety.

The court heard, the Kybram woman concocted an elaborate lie, trying to convince her sister to admit to the break-in as “payback” against the father-of-her children, Bendigo man Scott Western.

But Mr Western did not exist.

Emery, 36, appeared in Melbourne County Court on Wednesday for attempting to pervert the course of justice and committing offences while on bail.

The mother-of-five spent 10 days between February 2 and February 11 trying to convince her sister to tell police she broke into the property.

Her barrister Karin Temperley said one of the suspects for the break-in was the brother of Emery’s recently deceased partner.

Ms Temperley said a man with a reputation of violence told Emery he would pay for the damage to the window if she pinned the break-in blame on her family.

Her sister reported the messages to police and on February 12 Emery was arrested revealing the incriminating text messages.

The court heard that Emery immediately confessed, but Judge Michael Bourke said “you wouldn’t have to be a genius to know the game was up”.

Judge Bourke said there were many “curious aspects” to her harebrained and “bungled” scheme.

“What puzzles me is this surprising expectation that the sister would go along with it?” he said.

“It would be a saintlike sacrifice … not many people would think the sister would wear it.

“Moving further through the impossibility of it all, is there a Scott Western?

“(He was) a non-existent person who happened to be the father of her sister’s child?

“In the face of inevitable defeat she persisted.”

Judge Bourke said the maximum penalty for attempting to pervert the course of justice was 25 years in jail.

“(In most cases) he rhetoric becomes harsh, but the sentence does not,” he said.

Emery made the false claims while on bail facing charges of drug trafficking, driving while disqualified and theft.

Her matter was part heard by magistrate Russell Kelly at Echuca Magistrates’ Court also on Wednesday September 8.

Emery was accused of stealing $1000 and making a false Covid emergency payment claim.

Ms Temperley said Emery’s life had spiralled following a violent relationship and she had “self medicated” her trauma with drugs.

She said her client had attempted to engage with the Salvos addiction program, but had been hampered by lockdowns.

Emery is set to reappear for a final sentence at the Melbourne County Court on Friday September 10, and Mildura Magistrates’ Court on Monday September 13.

The Kyabram mum had spent 49 days in pre-sentence detention, while both courts ordered that she be assessed for a community corrections order.