LAWYERS will be given an opportunity to thrash out legal issues in a $3.4 million fraud case involving a Dungowan woman.
Kylie Renee Lynd, 35, appeared in Victoria’s Warrnambool Magistrates Court this week via video link from a women’s prison for a committal mention hearing after being charged with 61 fraud-related offences.
Magistrate Jonathan Klestadt adjourned the case to a committal case conference to be held in Geelong in October.
He said if the case could not be resolved on that date it would return to Warrnambool court in mid-November.
The legal issues relate to the wording of charges.
Office of Public Prosecutions solicitor Raeleene Maxwell previously alleged that Lynd wrote out cheques for up to $625,000, then used them to open accounts at financial institutions, into which she deposited the cheques and then obtained cash advances.
When the original cheques were dishonoured, Lynd then went through the same process again, using other financial institutions.
It’s alleged Lynd received cash, goods and services valued up to $200,000.
Detective Senior Constable Roger McClure, of Hamilton police, previously said Lynd owed $25,000 to 18 businesses in Warrnambool, Hamilton, Macarthur and Casterton.
Lynd has been held in custody since being extradited from Tamworth in May.
Lynd’s solicitor Jonathan Makary said the defence did not take issue with the factual scenario but there were issues about the cheques she deposited and what Lynd could actually obtain.
He said Lynd had only obtained relatively small amounts and although the cheques added up to $3.4 million she walked away with about $27,000 from four main victims – a bank, two credit unions and Landmark.
Mr Makary said the defence wanted to cross-examine witnesses from each of the institutions about how much they would have realistically advanced on the deposited cheques.
He said the defence disputed that a lot more money could have been obtained by Lynd, which was a key issue.
Ms Maxwell said a case conference would allow the defence and prosecution to get together to nut out the issues.
As an example, charge No. 24 was attempting to obtain financial advantage by deception relating to a Commonwealth Bank cheque of $550,000.
The solicitor said the defence wanted the charge to be to make or use a false document, but when the cheque was lodged with a financial institution Lynd’s account was credited with $550,000, subject to the cheque being cleared, although everyone agreed Lynd could not access all that money.
The case conference has been adjourned to October 10.