A renowned Canberra chef has been sent back to jail for laundering hundreds of thousands of dollars through his restaurant for an alleged drug dealer, as well as perjury and dishonesty charges.
James Mussillon, 51, the former operator of hatted restaurant Courgette, pleaded guilty to the five charges more than a year ago.
The court heard that Mussillon pretended that his co-accused — who is yet to face trial for his role in the scheme — was an employee at the restaurant, and laundered more than $350,000 disguised as payments for work, over a period of about five years.
The payments into the man's bank account were listed as either "boss pay" or "Courgette pay."
Mussillon also lied in support of the same man when the latter made a bail application, repeating the false claim that he was a valued employee at the restaurant.
In the ACT Supreme Court on Tuesday, Justice David Mossop said he had taken account of the risks to Mussillon should he return to prison, given he was assaulted three times and extorted during a prior seven-month stint on remand.
But he ruled that an intensive corrections order would not represent a sufficient punishment.
"The sentence imposed must involve a further, albeit brief, period in full-time detention," Justice Mossop said.
Mussillon was sentenced to three years and 11 months in prison, with the final two years and 11 months suspended.
With time served, he will be eligible for release at the end of August.
'Brazen and apparently enthusiastic falsehoods'
Justice Mossop noted Mussillon's co-accused was the main beneficiary of the scheme, and that the evidence did not establish a "significant financial motivation" for Mussillon's involvement.
He also accepted that while Mussillon "had a feeling" the co-accused was involved in other alleged criminal activity, he did not know for certain, and found it difficult to untangle himself when he became aware.
"He felt too far in, and did not know how to extricate himself," Justice Mossop said.
The judge also accepted the evidence of a forensic psychiatrist who concluded Mussillon had "significant deficits in social competence."
But Justice Mossop was most critical of the perjury offence, in which Mussillon told a bail hearing for the other man he was "loyal and respectful" at work and had "always been a good employee".
"That offence involved such brazen and apparently enthusiastic falsehoods," Justice Mossop said.
The court heard Mussillon also made 11 applications for JobKeeper payments during the COVID-19 pandemic, which falsely listed the man as an employee, and ultimately received unlawful payments totalling $31,900.
