Convicted of fraud together with husband Darryl Angus, Melissa Jane Angus is seeking to overturn her convictions for misappropriating $93,200 received by Wainuiomata-based Omega Funeral Services for pre-paid funerals. She says delays prejudiced her right to a speedy trial.
The collapse of Omega Funerals in 2005 created waves in the tight-knit Wainuiomata community. Locals pre-paying funerals were told Omega would hold their money safe in a separate trust account. This was never done. Customers’ money was used for business expenses and the Angus’ personal expenses. When Omega went into liquidation, there was nothing for creditors, including those pre-paying funerals now left as unsecured creditors.
The Court of Appeal was told the two left for Australia during a police investigation. They were charged after returning in 2014. Melissa Angus first elected trial by jury, changed later to judge-alone trial and then pleaded guilty. In early 2019, the District Court sentenced her to six months home detention and ordered payment of $10,000 reparations at $100 per week.
She now appeals the convictions, but not the sentence, alleging she was prejudiced by the delays. In a preliminary hearing, the Court of Appeal said it had no jurisdiction to hear an appeal. Legal rules applying as at the date District Court proceedings started meant her appeal should be heard in the High Court, not the Court of Appeal.
Angus v. R – Court of Appeal (20.08.19)
19.151