KEY POINTS:
The wife of former New Zealand Rugby League (NZRL) chairman Sel Bennett was told she was lucky not to have been sent to prison, as she was fined $23,000 for misusing pokie machine funds.
Ivy Bennett, 68, was found guilty in December on 23 fraud charges covering misuse
of $131,000 raised from pokie machines at pubs that she and her husband owned.
She was found not guilty on a further eight charges.
An interim name suppression order expired at sentencing in Auckland District Court today.
Judge Nicola Mathers told Bennett she was lucky to avoid a jail term.
Bennett was arrested following a Serious Fraud Office investigation which also resulted in former Waipareira Trust chief financial officer Mike Tolich admitting 15 charges of forging invoices totalling $190,000.
Judge Mathers said given Bennett's age and health a sentence involving community work was not practical.
A short prison term would have been appropriate given Bennett had not pleaded guilty immediately and had shown no remorse, she said.
However, it was "inherently unfair" that Tolich was discharged without conviction while Bennett "should suffer", she said.
Judge Mathers said she was not impressed that Bennett had not co-operated with authorities in giving full and frank details about her financial situation.
"Your co-operation will determine the final decision I reach."
Judge Mathers said Bennett received $300 per week in superannuation, and owned part of a mortgage free $1.5 million home.
After discussions with Bennett's lawyer Paul Wicks Judge Mathers called a recess so Bennett could disclose the necessary financial information to him.
After the recess Mr Wicks advised the court there were "substantial funds in retirement savings".
Judge Mathers said because of this a fine was an appropriate penalty, and imposed a total of $23,000 -- $1000 for each guilty charge.
"You must know how close you came to a prison sentence," Judge Mathers told Bennett and it was time for her to realise how lucky she was.
"It is time that you faced up to your actions."
Crown prosecutor Mark Woolford told the court before sentencing that Bennett had appeared to convince herself she had done nothing wrong.
"And this seems to be supported by her family because she took no direct financial gain."
Mr Woolford said Bennett and her family felt "terribly aggrieved".
Bennett had used some of the funds to build up a successful and profitable business and some money was used to make payments to employees, he said.
Mr Wicks said the charges had been brought after a regime change to pokie machine rules by the Department of Internal Affairs.
Bennett had acted transparently in carrying out the transactions and had not taken any opportunity to conceal how she handled it, he said.
Mr Wicks said payments made by Bennett had gone to benefit other groups and supporting young people and rugby league, he said.
One of those beneficiaries was former Labour MP John Tamihere, whose election campaigns had benefited from payments Bennett had made using the gaming money, he said.
Bennett was not out to "feather her own nest" but to help out other groups and the underprivileged, he said.
"The tenor of the offending is breaching the rules of the department."
The department, when it had identified the misuse of the money after an audit in 2001, had not referred the matter to the police but had instead cancelled the trust, he said.
Mr Wicks accepted Bennett's name suppression would be lifted after sentencing but said she would have had no interest to the public had it not been for her husband's role in rugby league.
Bennett who was comforted by family outside the courtroom, would not comment on the sentence.
- NZPA
