A fraud case against the former president of the Gungahlin United Football Club has run into trouble after a magistrate questioned if the right charges had been laid.
Aaron David Alexander, 49, has pleaded not guilty to 108 counts of obtaining property by deception and was due to go to hearing on Monday in the ACT Magistrates Court.
Prosecutors allege that in 2017 and 2018 he used the club's money to finance his own lifestyle by buying movie tickets, a car lease, registration for his Land Rover Defender and a dart board.
It's alleged in transactions worth more than $100,000 he unlawfully transferred money to his own account, used the club credit card or withdrew the club's cash.
At the opening of the case, prosecutor Marcus Dyason said Mr Alexander had convinced the other members to switch the club's account to NAB in Gungahlin.
He said Mr Alexander claimed he had a good relationship with the branch and he could get sponsorship for the club, though that sponsorship was never forthcoming.
Mr Dyason said Mr Alexander used the club's money for his own benefit in breach of the club's constitution, which said in part that money should be used solely to further the aims of the club.
"In a nutshell, the prosecution case is that Mr Alexander used funds inconsistent with these provisions ... for his own personal purposes," he said.
Mr Alexander does not deny he was the person who made the transfers in the majority of the allegations, the court heard.
But the case met a hurdle early on when Magistrate James Lawton questioned what the deception was that formed the basis of the charges.
Mr Dyason said the deception was Mr Alexander's use of the club's money so contrary to the purpose set out in the constitution.
And he said the magistrate could also find Mr Alexander guilty of theft as an alternative charge.
Defence lawyer Edward Chen said changing the charge now would be unfair to Mr Alexander, who had prepared his defence based on the deception charges.
Mr Lawton adjourned the case until Tuesday to give the prosecutor and defence time to sort out the problem.
The court earlier heard there was a large amount of documents to go into evidence.
The case is set down for a five-day hearing.
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