Emma Morton contests committal to ACT Supreme Court on childcare fraud charges

"The charge is just wrong," Emma Louise Morton's barrister, Duncan Berents, told the ACT Magistrates Court on Wednesday.

Mr Berents made that submission as Morton, 49, faced a contested committal hearing.

Such a hearing is designed to test the strength of the evidence against a defendant who claims there would be no reasonable prospects of conviction if the case proceeded to trial.

Morton, who has pleaded not guilty, argues that is the case in relation to 110 charges of obtaining property by deception, which is a fraud offence.

The charges relate to allegations she defrauded the Weston Creek Children's Centre of a six-figure sum while she was a director of the not-for-profit entity.

On Wednesday, magistrate Ian Temby was asked to determine whether Morton should be committed to the ACT Supreme Court for trial.

Mr Berents argued against this, saying Morton had been authorised as a director to make transactions using the credit card and online banking "token" used in the alleged offending.

Because of this, Mr Berents argued, prosecutors would not be able to prove the necessary element of deception and the fraud charges would fail.

"The [prosecution] has chosen the wrong charge," Mr Berents said.

MORE COURT AND CRIME NEWS:

"This is not obtaining property by deception, This, if it existed, was theft."

Mr Berents noted that while theft charges would appear to be appropriate, based on what the prosecution alleged, he was not accepting Morton had actually committed that crime.

A prosecutor countered by telling Mr Temby that while Morton had been permitted to make transfers, there had been "implied limitations" on her use of the childcare centre's money.

He said the 49-year-old had been authorised to make transactions in a work context, "not in her personal capacity as Emma Morton, the person".

"It was deceptive in that she was representing that the authority she had ... was larger than she actually had," the prosecutor told Mr Temby.

The prosecutor also said each fraud charge carried with it a statutory alternative of theft, arguing Mr Temby could still commit Morton for trial if he did not believe there were reasonable prospects of fraud convictions.

Mr Berents disagreed on this issue, saying no theft charges had actually been laid.

He urged Mr Temby to dismiss all 110 fraud charges, noting that would not prevent prosecutors later filing an indictment that charged his client with theft.

Mr Temby indicated he planned to give his decision on June 8.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: