A man who falsely reported his belongings had been destroyed in the Black Summer bushfires to receive a $10,000 recovery payment has been sentenced to a 24-month community corrections order.
Subscribe now for unlimited access.
or signup to continue reading
Justin Westbury, 30, of Batehaven, was charged with dishonestly obtaining financial advantage or cause disadvantage by deception and attempt to commit an indictable offence by deception.
He pleaded guilty to the charges at Batemans Bay Local Court on July 24 before Magistrate Doug Dick.
The court heard that the Red Cross offered $20,000 grants to people whose business or property had been totally destroyed by fire and grants of $10,000 for people who had been significantly impacted by fire.
According to documents tendered to the court, Westbury submitted three applications to the Red Cross for bushfire recovery grants between August 2020 and December 2021. Westbury's applications requested a total of $40,000.
The court heard that Westbury lived in Sunshine Bay when the bushfires impacted the South Coast. In 2019, Westbury was constructing a granny flat on a Moruya property owned by his partner's parents.
According to police documents, his relationship broke down in late 2019 and the granny flat was deconstructed and materials listed for sale.
READ MORE:
In his applications to the Red Cross, Westbury listed the Sunshine Bay and Moruya addresses and submitted images of the incomplete granny flat and various photos of burnt items.
Police documents stated that neither property was impacted by fire or suffered damage from associated embers or spot fires during the 2019 and 2020 bushfires.
Police documents noted that he tried to "obfuscate the Red Cross in his application" and that by making the application, he was committing an offence.
The court heard his two initial applications were rejected and he persisted in communicating with the Red Cross, stating he was working at a Surf Beach address and had left his tools and equipment at the property when the bushfires destroyed the property.
He told the Red Cross he had been suffering financially as a direct result of the fires since November 6, 2019. He later received a $10,000 grant from the Red Cross.
Police found he was not completing work nor had recently worked at the Surf Beach property.
The court heard Westbury had not repaid the grant to the Red Cross as of July 24, 2023.
Magistrate Dick told Westbury that others who had committed similar offences had been sentenced to jail.
"It's important the court treat it with the seriousness it deserves," Mr Dick said.
The magistrate ordered Westbury to repay the grant and sentenced him to a 24-month community corrections order.
Mr Dick said Westbury's attempts to procure grants were planned and persistent.
"These are extremely serious matters.
"Always remember what's happened to other people who have been to court for the same offence."
