Lawyers representing a man accused of defrauding money meant for an Indigenous community say his actions do not show a "dishonest mind" but a "best effort" to account for where the money went.
Ankumuthi traditional owner Larry Joe Woosup has been charged with two counts of fraud to a value of $30,000 or more each. He has pleaded not guilty.
During the trial this week, the District Court in Cairns heard Mr Woosup and another community member arranged a deal with a mining company over the right to mine bauxite on traditional lands a year after a separate deal with the community reached a stalemate.
Mr Woosup then set up trust accounts with two different banks for the Ankumuthi community, where he was the sole trustee.
The jury was told it was an undisputed fact that Mr Woosup then used the overdraft capacity on one account to transfer and withdraw $110,000 and deposited a cheque for $95,000 from the mining company into the other account, which was then also withdrawn.
The requirement for both trusts was for all money to be used for the benefit of the Ankumuthi community, the court was told.
The crown case
Crown prosecutor Christian Peters told the jury Mr Woosup's dishonesty had been set out in "black and white".
He said Mr Woosup was well and truly aware of his role as trustee and had been receiving advice every step of the way.
Mr Peters highlighted the various cash withdrawals from the multiple trust accounts, as well as some of the records of expenditure, including the purchase of three cars and numerous accommodation expenses.
Mr Peters also questioned the responses Mr Woosup gave in a questionnaire for federal court proceedings, where he listed a total of $13,000 in a fortnight as "personal expenses" and multiple cash withdrawals, each up to $5,000 in value, as non-specific "Trust bills".
He also referenced some of Mr Woosup's conduct in the years after the alleged fraud, where other members of the Ankumuthi community confronted him about rumours he had taken money meant for the community.
In one witness's recollection, Mr Woosup apologised and asked for forgiveness.
Mr Woosup's defence
Mr Woosup's defence barrister, Matt Jackson, told the court that when questions first started to be raised about where trust money was spent, Mr Woosup engaged an accountant and provided bank statements and receipts.
Mr Jackson suggested to the jury that this was a "pretty good effort" to engage with the process and indicated an "honest state of mind".
He said the prosecution had an issue with Mr Woosup's use of cash and said while Mr Peters had asserted the purpose would be to defy tracing, Mr Jackson insisted it was not uncommon for Mr Woosup to pay bills in cash.
Mr Jackson also questioned if the prosecution had truly provided any evidence the money had not gone back to the community.
He said the cars purchased had been used for cultural surveys on country, and that many of the witnesses called who said they had not received any money only became recognised as Native Title holders years after the events.
The jury heard from Mr Jackson that the many errors in Mr Woosup's documentation were evidence of the passage of time, rather than dishonesty.
He said his conduct, including his denials and apologies to members of the Ankumuthi community after the events, was also consistent with the state of mind that he did not do anything wrong.
"People can apologise for a number of different reasons … it doesn't mean they're trying to hide," Mr Jackson said.
Judge Joshua Treviño KC has begun his summing up to the jury and will continue when court resumes on Monday.
