Former trust CEO seeks discharge for taking $15k

A former Maori trust CEO will seek a discharge without conviction on dishonesty offences. File photo.

Sentencing of a former Maori trust chief executive has been adjourned to allow time for an application to avoid conviction.

Te Hemoata Dawn Pomana, 59, the former CEO of Ngai Tamanuhiri Whanui at Muriwai, south of Gisborne, was earlier found guilty by Judge Tony Adeane of dishonestly using the organisation's credit card to obtain about $15,000.

Sentencing was to have taken place in Gisborne District Court yesterday but has been adjourned until December 10 for police to respond to an application by counsel Elliot Lynch for Pomana to be discharged without conviction.

After a hearing in July this year, Judge Adeane found Pomana guilty of using a trust credit card to make 93 separate cash withdrawals totalling $15,440, between December 26, 2010 and September 15, 2011.

He found her not guilty of using a trust credit card between October 2, 2007 and September 6, 2011 for lesser personal expenditure on goods and services totalling $3793 and $2806 -- amounts for which Pomana had regularly reimbursed the trust.

While not business-like, the practice was allowed to evolve and continue, the judge said.

In respect of those charges, it was difficult to conclude beyond reasonable doubt Pomana was wilfully acting without authority.

But the cash withdrawals were in a different category.

"They are of such a magnitude that an inference of dishonesty, rather than authority is virtually irresistible," Judge Adeane said.

They were often from the same ATM and outside business hours. The first one, on December 26, 2010, was detected by the accounts clerk in January the following year.

He bypassed Pomana to report it to then trust chairman Nga Raihania, who instructed her to stop.

But she continued regardless and the withdrawals escalated in frequency and amount.

The further withdrawals were uncovered when Pomana, who had been dealt with in-house by the trust during 2011, launched a personal grievance suit during 2013.

Her action prompted new trust manager Richard Brooking to have the books further investigated.