A former TAFE executive who admitted to misconduct in public office avoided conviction for his involvement in a scandal at a school in south-west Victoria by entering a guilty plea.
In 2013, Maurice Molan hired Rebecca Taylor and her business TayTell to conduct third-party training for a Certificate IV in engineering at South West TAFE in Warrnambool.
The County Court was informed that despite lacking information to imply she held the required certification, Mr. Molan entered her into the TAFE’s database as possessing the necessary credentials to teach the course.
Mr. Molan resigned his position at the TAFE soon after receiving $1.8 million from Ms. Taylor for the training.
Judge Liz Gaynor stated that she agreed Mr. Molan was neither financially motivated nor involved in Ms. Taylor’s alleged deception.
But she said that he had violated his duty to the public and that his acts revealed a “lapse of judgment.”
The maximum penalty for misconduct in public office is ten years in prison, but Mr. Molan will not be found guilty and will instead have to pay a $2,500 fine over the course of six months.
Due to the fact that accusations of misbehavior in public service frequently involved extremely serious offenses, Judge Gaynor stated that this was a “unusual case.”
“People who are accused of this crime typically face a period of incarceration,” she said.
The words “County Court” are displayed on the facade of a structure.
According to the judge, Mr. Molan’s misconduct occurred as a result of 2012 TAFE budget reductions, which meant he was in charge of negotiating third-party contracts for training courses.
According to Mr. Molan’s psychologist’s testimony before the court, the cuts caused him to endure anxiety and depression.
Judge Gaynor remarked that the epidemic and an investigation by the Independent Broad-based Anti-corruption Commission (IBAC) caused considerable delays in the case’s resolution since Mr. Molan was originally questioned by police in 2016.
She stated that Mr. Molan had been “highly cooperative” during the initial inquiry by IBAC.
Judge Gaynor stated that Mr. Molan would have had “significant anxiety” as a result of the delays and media coverage of the case that incorrectly connected Mr. Molan to the alleged fraud.
According to her, Mr. Molan had no prior convictions and was a “devoted family man” who had made major contributions to his Koroit, close to Warrnambool, community.
Judge Gaynor stated, “This is the only instance in which you have broken the law.”
The courts are still hearing Ms. Taylor’s case.
