REPORT : PRIN119BAP No : 95/A65026 |
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POLICE APPREHENSION REPORT |
Run Date : 09/03/95 |
Apprehension Type : REPORT |
AP No : 95/A65026
2781/4 |
Address (h) : 16 Claridge Crt Saint Agnes SA 5097
Occupation : OTHER DIRECTOR
LOCATION : OFFICE
Law-Code : CLC 00178(A)
Descript : FALSIFICATION OF ACCOUNTS
Counts : 1
Occurred At/Between 0000 hrs on 7/7/92 and 0000 hrs on 00/00/00
Clearing PIR Num : 95/Z50596
Victim Name : ASSEMBLY OF GOD INSURANCE FUND
Victim Address : 1 King William St Adelaide SA 5000
COMPT VERSION:- Is the Assembly of God Insurance Fund and Church, 1 King William St, Adelaide, who makes the allegation that the manager Gregory Sowerby was involved in illegal criminal mismanagement of Assembly of God Church Money. This activity was in three main areas.
The first being the employment of family members and the use of funds in the purchase of equipment to service the insurance funds needs. This allegation has been totally refuted as a civil debt between Sowerby and the AOG Insurance Fund.
The second area of concern by the victim is that Sowerby had used his position within the AOG Insurance Fund to sell insurance to customers which was his own personal insurance whilst these person believed that the insurance they had purchased was that of AOG Insurance Fund Insurance. This has been refuted and enquiries reveal that the persons purchased the insurance due to the competitive price.
The third and final area of concern is that of two cheques, one issued on 18/2/92 for the amount of $2521.70 in the name of the Assemblies of God Insurance Fund and the second issued on 7/7/92 for the amount of $5672.97. Both of these cheques Sowerby freely admits signing the rear of the same and the conversion of these monies into his business account in the name of GM Sowerby. The victim concerned in this matter admits that part of the money was lawfully entitled to the offender Sowerby. With both cheques the victim disputes the lawful claim to approx 3/4 of the value of the cheques. The victim has not nominated any person who is able to go before the court and answer the questions concerning the cheques.
POLICE VERSION:- This matter is an extremely involved Company Fraud and involves members of the Assembly of God Insurance Fund and another person Gregory Mark Sowerby who was the manager of the fund. It is clear from the investigation of this matter that Sowerby had been terminated in his employment for unknown reason, there appears to be a personality clash as much as non performance. There is a great deal of distrust between all groups and there is now negotiations taking place between the AOG and the suspect Sowerby (without the police being informed).
I have doubts as to the quality of any witness within the AOG Insurance Fund.
At no time has the offender Sowerby attempted to hide any of the money paid to him in the cheques from the AOG Insurance Fund. They are fully accounted for in his own personal accounting system. Sowerby makes a plausible claim to the money. There is little chance of the prosecution being successful in this matter and I base this on the following grounds.
1. Sowerby does not have any intention to defraud and makes a claim of right in good faith.
2. There is ample evidence to support allegations made by Sowerby and little evidence to support the allegations made by AOG.
3. The victim has negotiated with the accused without notifying the police of their activity and thus puts the credibility of the victim in doubt.
4. There have been civil actions during the time of the investigation of this matter, each of those civil actions have fallen in favour of the accused in this matter Sowerby.
5. I believe that this matter is more appropriately dealt with in the civil courts and then a decision can be made on the balance of probability as opposed to beyond reasonable doubt oncerning criminal behaviour.
6. I do not believe that a criminal prosecution will be successful.
Arrest/Report Time : 1700 |
Arrest/Report Date : 01/12/94 |
Clearing Unit : ADELAIDE CIB
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Last update: 20 December 1996 |