Belle Mumby worked as the operations manager at Carrington Resort in 2018 and 2019.
Tears flowed as a former employee of a Northland luxury resort was acquitted of theft and forgery, bringing a five-year legal ordeal to a close.
Belle Mumby was emotional at the Whangārei District Court after Judge Taryn Bayley delivered her decision, acquitting the former Carrington Resort employee of 14 charges of theft and document forgery.
Her lawyer, Wayne McKean, said the verdict marked the end of a gruelling ordeal and described the allegations as “false and malicious”.
The charges dated back to 2018 when Mumby was working as the operations manager and included claims she had falsified overtime forms by photocopying general manager Jing Ma’s signature and used the resort’s business account to purchase high-end electronics.
After she was abruptly dismissed in 2019, charges were laid in 2020 but the trial didn’t proceed. Mumby instead went to a judge-alone trial held in Whangārei in June this year.
As well as the allegations of forged documents, the Crown also alleged she kept proceeds from the sale of a resort trailer and post rammer.
However, it was the defence case that Ma and general manager William Tan had made up the allegations to wrongfully dismiss Mumby.
At trial, Ma was under cross-examination by McKean for close to five days and maintained she did not authorise her signature to be used or the items to be purchased.
Mumby also gave evidence and said Ma was hardly ever at the resort and agreements had been made that she was authorised to use the photocopied overtime form with Ma’s signature.
She also said all of the items purchased, such as Dyson fans, a bluetooth speaker, a Fujii Instamax camera and electric toothbrushes, were for use at the resort.
In her decision, Judge Bayley went through each charge, referring to the evidence given from both women around the overtime forms.
“Ms Mumby said that Jing Ma signed it and did not say anything about ‘why is my signature on the [photocopied] form?’” Judge Bayley said.
“That is supported by the evidence of Ms Ma herself who said she noticed her signature was already on the form but ‘did not think to raise it’.
“During cross-examination Ms Ma was asked on several occasions whether she and Ms Mumby had talked about how she would be able to sign Ms Mumby’s overtime.
“On the third occasion, Ms Ma was asked that question Ms Ma replied that she had no memory of such a conversation. I found that to be an evasive answer,” Judge Bayley said.
In relation to the items purchased, Judge Bayley found the Crown could not prove beyond a reasonable doubt Mumby had purchased the items for personal use, including the electric toothbrushes.
“I am sceptical about the first explanation given by the defendant that the toothbrushes were purchased for guests who may require one,” Judge Bayley said.
“It would be entirely unorthodox for an accommodation provider to provide electronic toothbrushes to its guests. Obvious hygiene and common sense issues arise.
“However, as noted, Carrington regularly purchased high-end luxury items.”
In summing up her decision around the proceeds of the sale of the trailer, the judge noted Mumby’s history was inconsistent with the alleged conduct.
“I consider Ms Mumby’s lack of prior convictions and her employment history with the Bank of New Zealand is relevant propensity evidence for the defendant.
“While it is common sense that there is logically a first time for any offender to offend, Ms Mumby’s prior good record and employment history raise a real doubt that she would carry out such a blatant and dishonest act.”
After Judge Bayley delivered her not guilty verdicts, Mumby broke down in tears.
McKean told NZME that defending the charges had been a huge ordeal for his client that had lasted five years.
“She has always maintained that Carrington’s allegations against her were false and malicious,” McKean said.
“Mumby feels vindicated today and is very happy with the decision of the judge in finding her not guilty of all charges.”
Carrington Resort has been involved in at least four Employment Relations Authority (ERA) hearings in recent years, all stemming from unjustified dismissals and employment breaches involving multiple staff members.
The ERA has made orders that the resort pay more than $100,000 in penalties to previous employees and McKean indicated to the court that his client may seek costs from the resort for its failed criminal prosecution.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.