Heidelberg Magistrates’ Court sentences, criminal matters, June 2022
A fraudster who stole thousands of taxpayer dollars, a drink-driving dad on a rescue mission, and a young tradie have all fronted Heidelberg court.
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A Medicare fraudster and a host of dodgy drivers have faced the music at Heidelberg Magistrates’ Court.
Read on to find out the penalties for five offenders who pleaded guilty before Magistrate Samantha Poulter.
Defrauding the taxpayer
Convicted thief Ali Ali, 51, fraudulently claimed more than $4000 in Medicare benefits through a scam that allegedly promised him a perfect smile.
The court heard Ali claimed $4376 in benefits for anaesthetic services he never received from a Burwood East dental clinic after he was approached by an individual who provided him with a false computer-generated invoice and told he could use it to “get money from Medicare to fix his teeth”.
A Commonwealth prosecutor told the court the Medicare funds were deposited into Ali’s Westpac bank account and discovered after police launched an investigation into suspicious claiming behaviour in late 2014.
The investigation found multiple people made more than 100 fraudulent claims relating to the same Melbourne anaesthetist, using similar invoices.
The prosecutor said others charged over the matter “gave the excuse that a staff member of the practice had advised a number of members of the public that they could present this particular invoice to Medicare and claim money against Medicare”.
“A number of those people told the [Health] Department that they were told by that person that that person would take a cut of those proceeds,” the prosecutor said.
“There is no evidence to disprove that proposition.”
Ali’s lawyer confirmed his client was “naive enough” to take up the staff member’s alleged offer, but added his limited English-speaking abilities “definitely formed a part of his understanding of what was going on at the time”.
The lawyer said Ali had been “going through a tremendous amount of difficulty” around the time of the offending, including using illicit substances and committing other offences that led to a “significant” term of imprisonment with a non-parole period.
Ali was now “on the straight and narrow,” expecting a grandchild, and no longer using drugs, the lawyer said, but was unable to work and on a disability pension because of numerous health problems.
The lawyer asked that a conviction not be recorded because it could affect Ali’s ability to visit family overseas.
Ms Poulter declined this request based on prior convictions relating to burglary and theft.
Taking into account delays in the case, she sentenced Ali to a $500 three-month good behaviour bond with conviction and ordered he pay $4376 restitution.
“The scheme or the scam that appears to have been perpetrated by a staff member at the [clinic] wouldn't work if there weren't people willing to make the claims and get the money into their accounts,” Ms Poulter said.
“It’s a fraud on the government but it’s a fraud on Medicare that‘s here to benefit all of us.”
‘Parental duties’
Montmorency chef Adam Richard Olsen, 48, was coming to the aid of his distressed teenage daughter when police busted him driving without a licence and with alcohol in his system.
The court heard the father-of-four got a call from his daughter about lunchtime on May 2, 2021 and shortly after borrowed a friend’s car to go and see her at her mother’s house at Point Lonsdale.
A police intercept at an RBT site on the Bellarine Highway at Newcomb about 3.50pm found Olsen’s licence had been disqualified in 2009 as a result of drink-driving and he was subject to a 0.000 BAC limit.
He blew 0.023 in a breath test and admitted to drinking red wine before driving, telling officers he had “parental duties” to complete “down the coast”.
The court heard Olsen’s daughter had been the victim of social media bullying in the lead up to the incident and Olsen was eager to comfort her in person after a long period of separation because of the Covid-19 pandemic.
He had failed to renew his licence after the 2009 disqualification because doing so would require an interlock and he did not own a car to which one could be fitted.
Magistrate Samantha Poulter noted four previous drink-driving charges on Olsen’s record and said he was “beginning to appear like someone who doesn't really want to get his licence at any stage and really just wants to drive whenever he feels like it”.
Olsen’s lawyer said his client intended to see a doctor because “he believes he is suffering ADHD”.
Ms Poulter sentenced Olsen to pay a $2500 fine and disqualified his licence for 12 months. A conviction was recorded.
“If you want to be able to be there for your [children], you're not doing them any favours by coming to court, by driving with alcohol in your system, and driving when you don't have a licence,” she said.
Failing the attitude test
Preston mechanic Luke Bartolo Bruzzese, 22, could have his Volkswagen impounded for several months, at a cost of more than $2000, after he pleaded guilty to four charges stemming from a February 2020 police intercept at Diamond Creek.
The court heard police stopped Bruzzese about 8pm on February 17 after following him from Wensley St to Fraser St and twice observing him fail to indicate properly.
Checks revealed his licence was disqualified and he was in breach of a condition requiring that he wear corrective lenses while driving.
Police immediately impounded his car for a period of 30 days, at a cost of $893.
The court heard Bruzzese lived rent-free with his grandparents in Reservoir and worked on “prestige” European cars at a nearby small business.
His licence was disqualified in 2019 after he was charged with being involved in a race and driving at a dangerous speed.
His explanation for the offending was: “I’m just a dumb kid.”
Ms Poulter said she suspected the latest charges were at least partially a result of “ a failure of the attitude test” when he spoke to police.
“Do you know what I mean by that?” she asked, to which Bruzzese responded “Nah”.
“It means not being co-operative and them being concerned about you continuing to drive while you're disqualified.”
A police application to impound Bruzzese’s car for a further three months was adjourned to October to give affected family members the chance to attend the hearing.
He was sent home with an $800 fine and advice to “learn [his lesson” and “stop putting [his] whole livelihood in jeopardy”.
EastLink ‘brain fade’
Matthew Drayton, 33, blamed a “brain fade” for doing almost 60km/h over the speed limit on EastLink in November 2021.
The court heard speed cameras caught the level crossing worker exceeding the limit by 56km/h at Rowville about 5am on November 27, and his car was subsequently impounded.
His lawyer told the court the behaviour was “completely out of character” and a “one off”.
Police prosecutor Senior Constable Irwin Ea confirmed Drayton had no relevant prior convictions.
Magistrate Samantha Poulter called the speeding “ridiculous” and told Drayton it was “hard to comprehend [he] did it accidentally or without noticing”.
“You just can’t have brain fades when you’re in charge of a motor vehicle,” she said.
The sentence was a 12-month licence suspension, a six-month good behaviour bond, and an order to complete a road trauma awareness seminar and make a $300 donation to road trauma support services.
No convictions were recorded.
Post-party crasher
Tristan Dion Tapelu was fleeing a fight at a party when he drunkenly crashed his car in Reservoir in February 2021.
The court heard Tapelu blew 0.181 BAC after crashing his station wagon into a parked car on Mahoneys Rd about 3.45am on February 28.
The parked car was pushed forward to hit another parked car, and Tapelu’s car ended up on top of a fire hydrant with water gushing from a damaged pipe.
Police immediately suspended his licence and charged him with drink-driving and careless driving.
He pleaded guilty and the court heard he had no relevant prior convictions.
His explanation for the incident was that he had had “a rough night”.
“I witnessed an incident where someone I know got harmed, and I was just trying to get away from it really,” he said.
“I wanted to get home and there was no one there really to help me.
“There’s no excuse really – I made the wrong decision.”
Magistrate Samantha Poulter said Tapelu’s “stupid” decision “could have had tragic consequences”.
Taking into account the costs associated with Tapelu’s “totalled” car and the other two damaged cars, she sentenced Tapelu to pay a $500 fine and disqualified his licence for 18 months, backdated to February 28, 2021.
No convictions were recorded.
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