Dismissing claims by Alister Thorby that much of the $1.8 million he fraudulently diverted from covid-19 health funding was properly spent mobilising pandemic-related Maori community support, the High Court confirmed on appeal his two years eight months imprisonment for fraud.
The court was told Alister Tony James Thorby improperly used covid-19 funding provided by Capital and Coast District Health and Hutt Valley Health boards to: buy a house in Foxton ($386,800); purchase multiple vehicles including a 2022 F-Pace Jaguar ($118,000) and 2022 Fiat motorhome ($215,300); spend at Sky City casino ($146,500); pay for domestic hotels and travel ($43,200); fund overseas travel for himself and two companions ($92,200); plus withdraw cash from ATMs ($30,700).
He was employed by the two boards on a short-term contract through 2021-22 to arrange staffing and logistics for covid-19 quarantine, paid a salary of $110,000.
Later charged with fraud, it was alleged the boards’ money was misappropriated through payments made to three separate entities set up by Thorby; entities which did not provide the services supposedly paid for.
On appeal, Thorby provided evidence which he said supported his claim that most of the payments were valid covid-19 expenditures; spent on personal equipment and vehicles, funding Maori Warden assistance during the pandemic.
He said the Foxton house was purchased as a covid-19 administration base, the mobile home a roving base.
Justice La Hood said that while Maori Wardens acknowledged ‘use’ of these assets during the pandemic, there was no ongoing ownership after quarantine restrictions ended.
The Foxton house remained in Thorby’s name; now rented out as a private rental.
He retained ownership of the Jaguar and motorhome.
Justice La Hood ruled there were no grounds to support a reduced sentence on appeal.
Full reparation has been ordered.
The trial judge described as aggravating factors the fact Thorby moved quickly on appointment to devise a plan, setting up supposed third-party entities to invoice for services which were not in fact provided and then swiftly created false invoices to collect the funds.
A Criminal Proceeds (Recovery) Act restraining order has been imposed on his assets.
Thorby v. R – High Court (30.03.26)
26.117