Prostitute jailed for fraud

Mary Birch took $105,000 from the man she moved in with. Photo / Bay of Plenty Times

He was a vulnerable 72-year-old, unable even to use an ATM. She was an opportunistic prostitute, who had an eye for new clothes and jewellery, and wanted to safeguard her children's future.

The Tauranga District Court heard this week that Mary Regina Birch, 46, of Papamoa, was paid by the man for sex and then stole his life savings of more than $105,000.

The man, also from Papamoa, committed suicide in February.

Crown prosecutor Hayley Booth said there was no doubt Birch's actions had contributed to the elderly man's decision to take his life.

According to the court summary of facts, Birch had seen her client twice in February 2008, soon after he had separated from his wife. Later that month she moved into his home, saying she had nowhere else to live.

He lent her his car and his Kiwibank card and PIN number so she could buy groceries.

In March last year Birch used his bank card to make nearly 50 transactions, totalling $18,000.

Realising his money was vanishing, the man challenged her and locked up his wallet and new card in a safe. Birch allayed his fears by saying she was expecting $30,000 from an Employment Court case and she would pay him back.

In May, despite the man's protests, Birch's two teenage children and a friend moved into his home. He had become so wary of her at this stage that he was hiding his food and valuables.

The man demanded Birch leave his home, but she only relented when he agreed to pay for a removal truck, a deposit and the first period of rent for her new house.

Soon after moving out she forged his signature and cashed one of his cheques for $85,000. She had earlier used his chequebook to transfer $1500 into her account.

When police executed a search warrant of her home in August, they found she had gone on a spending spree. On the front lawn was a $16,000 Mazda, and inside almost everything was new - furniture, whiteware, electrical appliances, and a wardrobe of clothes. Receipts were also found showing jewellery purchases.

After putting $55,000 in term deposits and in trust accounts under her children's names, Birch had spent all of the $105,402 she had taken from the man's savings.

Ms Booth told the court of a vulnerable old man, not even able to use his bank card, who had relied on his wife to manage his financial affairs.

Birch, who had admitted 48 counts of fraudulently using a document for pecuniary advantage and one of money laundering, was sentenced to three years and four months in jail.

The man's family spokesman told the Bay of Plenty Times they were disappointed her sentence was not longer, as her offending had had far-reaching consequences.

Judge Peter Rollo said Birch had used her sexuality and sympathy and a position of trust to manipulate a vulnerable old man. Birch denied she had caused the man's suicide.

- additional reporting: Bay of Plenty Times