PHOTO: FILE
A real estate agent convicted of fraud in connection with a rent-to-buy scheme, which specifically targeted vulnerable individuals, is back in court seeking to have her conviction overturned. Sheree Becker, 43, was sentenced to three and a half years in jail in November of the previous year. The jury unanimously found her guilty on seven counts of fraud against the ANZ bank.
The Victorian County Court, at the time, determined that Becker had preyed on individuals with “very limited financial means” who had no realistic chance of repaying their mortgages. Serving as the agent for both property buyers and sellers, she was convicted of fabricating documents and inflating property prices. During the sentencing, Judge Michael McInerney stated, “I further find these seven crimes were an orchestrated attack on the banking system, irrespective of how complacent or negligent the banking practice. This was persistent, planned, and sophisticated criminality.”
Presenting her case before the Victorian Court of Appeal, Becker, clad in a white prison jumper, aims to overturn her conviction based on what her lawyer, Dermot Dann KC, deems as the “extraordinary” conduct of the trial judge. Dann argued that Judge McInerney’s frequent interjections during the “messy” trial were highly unusual and created an impression that the judge was actively involved in shaping the prosecution’s case.
Dann pointed out instances where Judge McInerney’s involvement seemed to cross a line, questioning whether the judge was seeking clarification or steering the prosecution. He asserted that the trial’s irregularities amounted to a fundamental departure from normal trial processes, undermining Becker’s defense and casting a shadow over her credibility.
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Responding to the appeal, a crown prosecutor acknowledged the unusual level of engagement by Judge McInerney but insisted that Becker’s conviction was inevitable based on strong documentary evidence. The prosecutor argued that the judge’s interjections did not enhance the prosecution’s case and contributed to an environment of overall confusion.
The three justices, Karin Emerton, Phillip Priest, and Peter Kidd, reserved their judgment, indicating that a decision would be delivered at a later date. Justice Priest remarked on the unusual level of intervention, suggesting that the judge might have perceived the prosecutor as inept and bumbling, seeking clarity or wanting to present the case correctly himself.
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SOURCE: NEWS.COM.AU