Fraud
investigators and the courts are obliged to take care when suspects suffer from
Asperger syndrome since they may not fully understand the process of
investigation and trial, but there was nothing inherently unfair about the
trial and conviction of a Blenheim woman convicted of ACC fraud following her
failure to disclose for 23 years the existence of a disqualifying de facto relationship,
ruled the Court of Appeal.
Janice Walker was
sentenced to twelve months’ home detention, 150 hours community work and
ordered to pay reparation of $373,000 after conviction in 2016 of failing to
disclose the existence of a de facto relationship when receiving ACC
continuing dependency compensation following the 1989 death of her husband. She appealed, saying at the time of the trial
she had undiagnosed Asperger syndrome. A
psychologist’s report indicated her autism could have affected her ability to
respond to interviews, instruct lawyers and present herself in court. Those with autism can have trouble understanding
verbal communication, body language and facial expressions. They can appear to be more able than they
really are.
The court was told
Walker had been living in a de facto relationship since the early 1990s on a
400-acre property outside Blenheim. In
her defence, she said they were living under the same roof but over time came
to live separate lives. On appeal
against conviction, she said Asperger meant she had difficulty understanding
what amounted to a de facto relationship when completing regular ACC forms
asking about her relationship status and this confusion extended to her
interview by ACC investigators.
The Court of Appeal
ruled that while it may be that Walker was affected by her autism her answers
to questions from ACC investigators were coherent and logical. Her responses showed she did not
misunderstand the concept of a de facto relationship.
Walker
v. R – Court of Appeal (19.05.17)
17.048