The magistrate in a $2.4 million fraud case will consider granting indemnity to a key witness who has already pleaded guilty to stealing $10,000 from the Framlingham Aboriginal Trust.
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Bookkeeper Allan Thomas on Friday continued to give evidence in a Warrnambool Magistrates Court committal hearing.
Former long-time trust administrator Geoff Clark, his wife Trudi and two of their sons, Aaron and Jeremy, have been charged by Victoria Police fraud and extortion squad detectives with a total of 1170 charges after seven-year investigation Operation Omega.
Mr Thomas gave evidence on Thursday that Trudi and Jeremy Clark instructed him to falsify records of payments made to Coadys solicitors for Geoff Clark's legal fees.
On Friday barrister James Anderson, for Trudi Clark, cross-examined Mr Thomas, asking him about payments of $4729 into his account based on time sheets provided by another person.
The question was based on an audit report by firm BDO into the financial affairs of the trust for two years from June 2008 which was previously ordered by Aboriginal Affairs Victoria.
Mr Thomas then sought and obtained legal advice before again taking the witness stand.
When the question was put to him a second time, Mr Thomas refused to answer on the grounds that he might incriminate himself.
Mr Thomas made similar replies to three other questions.
Mr Anderson asked did Mr Thomas pay himself via an electronic funds transfer from FAT for cattle sales, did he make payments to GA Contracting of $36,631 for farm works and did he make 36 payments totalling $54,000 in about 2008 to GA Contracting for equipment hire.
The court heard Mr Thomas was previously interviewed by police and charged during 2017 with theft relating to a payment of $10,000 he put down as a loan from the trust.
In 2018 he pleaded guilty in the magistrates court and was fined.
The magistrate noted leniency in sentencing as Mr Thomas had committed to provide statements to police in the cases involving the Clarks.
Mr Thomas was not charged with any other offences.
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Mr Anderson explained he wanted to put the allegation brought up in the BDO report to Mr Thomas.
Magistrate Charlie Rozencwajg said he was leaning towards giving Mr Thomas indemnity so the witness could give evidence without the fear of prosecution, noting the bookkeeper had previously provided an explanation to police and not been charged.
In other evidence on Friday, former Brambuk general manager Kaye Harris claimed that Brambuk chairman Jeremy Clark had requested she issue a cheque for $30,000 to Geoff Clark for legal fees.
She said she phoned two Brambuk board members about the cheque and was given the OK to proceed.
Ms Harris said she put a line in the records explaining the payment was to Geoff Clark, but she altered that to "chairman's expenses" when directed to do so by Jeremy Clark.
Bookkeeper Kimberley Gehan confirmed in court she co-signed the $30,000 cheque and that she understood it was for Geoff Clark's legal fees.
The committal hearing will continue on Monday with only seven of the expected 20 witnesses in the case appearing this week.
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