DPP reviewing embezzler case
The employment of a convicted embezzler as a financial counsellor in Families SA has become the subject of wider investigations.
The Director of Public Prosecutions, Adam Kimber, is now seeking further information on the case of former Families SA social worker Melissa Green, first exposed by InDaily in August.
“The Director has sought further information relevant to Ms Green’s matter,” Kimber’s office told InDaily.
“Until that information is available, he will not be in a position to decide whether it is appropriate for him to comment further.”
Green’s employment was terminated in early October, less than three months after a Supreme Court decision to suspend her 15 month jail sentence, citing the rehabilitation benefits of her continued employment at Families SA.
The DPP’s involvement follows the actions of the Education Department’s internal investigation unit which is inquiring into the actions of two work colleagues who provided references to the court during Green’s trial and subsequent appeal on sentence.
The two work colleagues remain employed by the department.
“The department’s internal investigation unit is yet to conclude its investigation but all relevant factors are being considered by the unit,” the department’s media unit said Friday.
“At this point in the investigation process it would be inappropriate for the department to comment further.”
The case of Melissa Green had passed by unnoticed, until InDaily checked the basis on which the Magistrates and Supreme courts had come to the conclusion that Green’s history was known to her employer and that continued employment at Families SA was part of her rehabilitation.
Green had been arrested in December 2009 after police investigated the finances of her private sector employer after concerns raised by a co-worker.
She pleaded guilty on 5 November 2010 to 16 counts of theft relating to the embezzlement of $118,978 from her employer between February 2006 and December 2009.
In mid-2012, while still on remand for the 16 charges and having pleaded guilty, Green won a position in Families SA (part of the Education Department) as a financial counsellor in the financial counselling and support program.
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When her case came up for sentencing in January 2013, the Magistrate sentenced her to 15 months’ jail – a decision Green appealed on the basis the sentence should be suspended.
On 24 July this year the appeal judge suspended the sentence.
In his judgment Judge Nicholson said the magistrate should have placed more weight on the likelihood that Green would lose her job if she was jailed.
He noted that in the event of a suspended sentence, she would be able to keep her job.
“It would seem that, given her history (which is known to her employer) the appellant has been extremely fortunate in being able to secure this particular career path with Families SA and the educational opportunities that are now available to her that will serve to promote that career path.
“As such, the present case is one where an immediate term of imprisonment is likely to cause irreparable harm to the quite exceptional level of rehabilitation already achieved. There may be no recovery for the appellant and her family from that harm.”
The court’s conclusion that Green’s history was “known to her employer” was based on a series of affidavits, written statements and court evidence that detailed how departmental officers, including human resources staff, were aware of the Green’s offending.
The court file also documented how several staff members from a Families SA field office supported Green through her court appearances.
When InDaily queried the Education Minister Jennifer Rankine in August on why her department had supported Green, Rankine said: “There is no record of her (Green) informing the department about charges laid against her, as is required”.
That statement, and the subsequent termination of Green’s employment, contradicted the assumption of the court that Green would keep her job.
Departmental head Tony Harrison went a step further in August when he responded to InDaily’s revelations.
“I would very much question the appropriateness of the person maintaining their job in a government department, or in any department for that matter, if they’ve been convicted on 15 or 16 counts of dishonesty, embezzlement,” he said.
Green’s employment with the department was subsequently terminated.
The Education Department and the minister’s office have maintained a steely silence on just who knew what and when in the case of Melissa Green.
The court file contains two affidavits, three written statements and evidence detailing a succession of occasions where Green informed her superiors and the human resources section of the department about the proceedings against her.
The documents, read in full by InDaily with the permission of the court, detail meetings, conversations, references, assurances and staffing decisions – all based on full disclosure by Green of the dishonesty charges and conviction.
In an affidavit dated 28 June 2013, Green told the Supreme Court she had told her supervisor Bianca O’Brien and they jointly approached another department official Jenna Kovacs “and disclosed my offending”.
“Both were made aware of the severity of my offending. They were both aware of the amount of money I had taken,” Green stated.
“Both were prepared to provide character references to the court.”
The affidavit further stated that “both Ms O’Brien and Ms Kovacs attended at court to support me on various occasions”.
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Green’s affidavit then discloses another meeting.
“When I discussed my situation with the Human Resources Department of Families SA, they were made aware that my offending was dishonesty and related to the taking of money.
“My discussion with them was in relation to the continuity of my employment should I be given a suspended sentence.”
Green’s version of the support she received is backed up by another court document; an affidavit dated 5 July 2013 from her lawyer Damon Creagh Ind detailing conversations with and attendances by Families SA staff.
“It is my recollection that Ms Kovacs and Ms O’Brien were present in court supporting Ms Green at various times during the sentencing process.
“I am certain, however, that both Ms Kovacs and Ms O’Brien would have been present and heard for themselves the gravity of Ms Green’s offending.”
The lawyer then details a conversation he had with one Families SA official after his client had been sentenced.
“Indeed, Ms O’Brien spoke to me subsequent to Ms Green being sentenced and offered to assist with the funding of Ms Green’s appeal against the sentence.”
In her appeal against the magistrate’s decision not to suspend the jail sentence, Green also submitted to the court in an affidavit dated 14 June 2013 that she had discussed options with Families SA.
“If I was to receive a conviction and a suspended sentence, the human resources department had informed me that I would be on a supervised work performance program of 12-24 months.
“I also told Mr Ind that if I was to continue my work in the child protection role that I would still be permitted to continue in that field.”
Green’s employment at Families SA was also a central part in pre-sentencing reports prepared for the court.
A report by a North East Community Correction Centre officer, dated 7 August 2012, stated: “Ms Green reported that she is still permanently employed with Families SA and currently works 0.8 (80 per cent part time).”
“She stated that she negotiated with them to reduce her full time status to allow more time for her to go to court…”
In addition to the affidavits and reports that detail the awareness within Families SA, a further three written statements refer to department officials’ knowledge of Green’s offending.
There are two statements from Families SA Elizabeth office senior social worker Bianca O’Brien – one dated 2 May 2011, and another 26 October 2012.
InDaily has previously reported the existence of a statement from Families SA senior social worker Jenna Kovacs, dated 2 October 2012.
That statement reveals that “I am aware Melissa Green has pleaded guilty in relation to the theft offences she was charged for in 2010.”
The Kovacs statement also details how “Melissa had recently undergone an interview process and secured the role of financial counsellor with the Financial Counselling and Support Program at our office.
There is a third reference, dated 1 May 2011, from Rebecca Gibson.
The Minister’s position that the department had no knowledge of Green’s history had yet another twist.
In late August Rankine’s office told InDaily the Minister had been given a briefing from her department that contained the following statement:
“Ms Green’s signed clearance application declaration dated the 5 July 2010 does not declare previous or current professional disciplinary proceedings or any action that might lead to such proceedings in any jurisdiction.”
InDaily revealed two weeks ago that Green had actually been the subject of two previous serious misconduct investigations and professional disciplinary proceedings – by the same agency that later employed her in 2010.
The proceedings occurred in 2005 and 2007 when Green had been working for the Department for Communities and Social Inclusion, before moving on to her private sector job.
A list of questions InDaily sent to the Minister and to the Department seeking clarification of apparent contradictions in the Green matter remain unanswered.
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