Darwin soldier fined for overbilling taxpayers for swanky Cullen Bay apartment

A DARWIN army officer who overcharged taxpayers more than $4500 for a swanky Cullen Bay apartment he shared with his girlfriend has been slapped with a $2200 fine.

Major Leigh McWhirter, 33, pleaded guilty in the Defence Force Magistrates’ Court at Robertson Barracks to one count of unlawfully obtaining financial advantage.

A DARWIN army officer who overcharged taxpayers more than $4500 for a swanky Cullen Bay apartment he shared with his girlfriend has been slapped with a $2200 fine.

Major Leigh McWhirter, 33, pleaded guilty in the Defence Force Magistrates Court at Robertson Barracks on Tuesday to one count of unlawfully obtaining financial advantage.

The court heard McWhirter had been receiving rental assistance from Defence Housing Australia for his $675 per week Cullen Bay apartment since 2018 on the basis that he lived there alone.

But prosecuting officer Lieutenant Colonel Matthew Fielden said after McWhirter’s partner moved in with him in November last year he failed to notify DHA of his change in circumstances until the following May.

The failure to update DHA resulted in McWhirter being overpaid $4562.91 in rental assistance he was no longer entitled to after he started sharing the property with the woman, who worked as an events officer at Charles Darwin University.

Lt Col Fielden said while the overpayment was “not a trifling sum” and McWhirter’s actions set a “poor example of leadership” for an experienced officer, he had owned up to the overpayments and since paid back all the money.

“He didn’t double down or attempt to hide his failure, he was forthright and that ought to be regarded in his favour,” he said.

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Lt Col Fielden said McWhirter’s sentence should send a message to the Defence community that accurate and timely reporting “is not negotiable and it is an obligation that must be taken seriously at all times”.

Defending officer Commander Alex Ward said McWhirter’s partner had moved into the apartment during a very “high tempo” period for the major which included an overseas deployment dealing with unexploded ordnance from World War II.

Cmdr Ward said his client was then deployed to Operation Bushfire Assist in the southeastern states early this year, which coincided with the overpayment period.

“It’s not that he wasn’t, we might say, distracted by other matters,” he said.

Cmdr Ward tendered a series of “glowing” references from “very senior officers” who testified the offending was out of character for the otherwise exemplary soldier.

“This is an aberration, this is a hiccup that doesn’t make sense,” he said.

He said McWhirter had made no attempt to hide his relationship with the woman and was remorseful for his actions, which he “immediately” sought to rectify and take responsibility for.

“He’s learned his lesson, which is obvious from the character references,” he said.

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In convicting and fining McWhirter, magistrate John Devereux said the offending appeared to be an “aberration” and he was “considered to have outstanding prospects in the army”.

“As soon as the problem was identified to him, Maj McWhirter made contact with the DHA in order to remedy the defect,” he said.

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