The accused, Shaun Rootenberg, was charged with fraud over $5,000.00.
The defence brought an application for a stay of proceedings based on late disclosure and alleged abuse during pre-trial custody (strip searches).
The court dismissed the stay application, finding no prejudice from late disclosure and that the strip search complaints were not properly brought in the criminal forum.
On the fraud charge, the court found no deceit or falsehood in the initial investments by the complainant, Victoria Smith, but found the actus reus and mens rea of fraud established through "other fraudulent means" due to the unauthorized diversion of Ms. Smith's investment funds for personal use and to third parties.
Rootenberg was found guilty.