Jonathan James Maher (right) leaving court with lawyer Edward Chen. Photo: Claire Sams.
A disabled man has condemned his “best friend” for stealing thousands of dollars from him and leaving him “completely broke”.
Jonathan James Maher was found guilty of 28 charges of theft for stealing $6400 during a judge-only trial before Acting Justice Patricia Kelly earlier this year.
According to her published decision, the guilty verdicts relate to Maher’s offending between January and March 2018, when he made a series of withdrawals from the victim’s bank account while the victim was in hospital.
Acting Justice Kelly also found him not guilty of a further 175 charges, while five others were withdrawn.
On Friday (24 October), the ACT Supreme Court heard details of how the brazen thefts continue to affect the victim.
In his victim impact statement, read to the court by his lawyer, the victim described ‘Jonno’ as a trusted friend with shared interests in “punting, drinking and football”.
The two men were living together, with Maher also helping with his disability care and buying groceries. He was also given power of attorney.
“Jonno was my best friend and a person I trusted completely. I believed he cared about me … I placed my full faith in him.”
The victim urged the court to take into account both the financial and emotional impacts of Maher’s offending.
He said that Maher’s decision to spend the money on “gambling and I don’t know what else” had drained his savings. It also meant he had to sell his car.
“What Jonno did was not just about money – it was about betrayal, exploitation, lies and taking advantage of someone who was already at their lowest point,” he wrote.
He also described how his spinal injury meant he relied on other people for care (including management of his money), with the offending impacting his ability to trust others.
“I now struggle to trust anyone when it comes to handling my finances … After what happened, I find it extremely difficult to trust anyone.”
On Friday, the prosecutor argued a custodial sentence would be appropriate for the offending, which she said fell in the mid-range of objective seriousness.
She said Maher’s actions represented a clear “breach of trust” and that the money stolen was a significant amount.
Defence lawyer Edward Chen acknowledged that Maher had been a “very poor financial guardian” to the victim.
Mr Chen said that his client had a job, was willing to make compensation payments and spent most of his youth in Canberra.
He also suggested restrictions on Maher’s cannabis and alcohol use could be included in conditions attached to his sentence, with Maher willing to cease the substance use.
“It’s really just important to eliminate, as much as we can, any crimogenic risk,” Mr Chen said.
Maher will be sentenced at a later date.
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