The lawyer for a former CSIRO executive who deceived the federal government agency for half a decade to obtain more than $322,000 worth of personal items has argued for no actual time behind bars due to fears the offender's poor immune system would lead to "quite severe" consequences if he contracted COVID in jail.
Mark Stuart Wallis, 47, pleaded guilty in the ACT Supreme Court in April to two counts of dishonestly causing a loss to a Commonwealth entity and one of intentionally using a forged document to obtain a gain.
Agreed facts state the former Commonwealth Scientific and Industrial Research Organisation director of business and infrastructure committed the offences between July 2012 and June 2017.
His crimes included making nearly $72,000 worth of personal purchases with a corporate credit card, including a jet ski worth nearly $26,000.
He also invoiced the CSIRO for gym memberships and personal training services for himself and his wife.
Wallis faced court again on Friday for a sentencing hearing when his lawyer, Margaret Jones SC, argued for his punishment not to include full-time custody due to health issues.
Ms Jones tendered further evidence and said that if her client contracted COVID in jail, the "consequences could be quite severe", which she said was the opinion of a doctor, due to Wallis being immunocompromised.
Ms Jones said if he were to contract the virus in custody, his immunosuppressants may need to cease and that the situation presented a hardship that would go towards mitigating his sentence.
"The complications for Mr Wallis are compounded by the medication he's on," she said.
"His condition and the medication he's on means he's more susceptible to infection and more susceptible to complications."
Ms Jones said that while the Canberra jail has managed the COVID situation well, it was not clear in the Crown's material "the speed at which Justice Health can react to sudden changes in the health situation Mr Wallis".
She said her client was at more risk in jail due to the sharing of a cell and that she believed the jail no longer mandated health masks.
She said Wallis wears a COVID mask as a bus driver, in addition to having a protective plastic barrier between him and passengers.
The court heard his position is being reviewed because of the offending.
Ms Jones also relied on a news media article about the evolving and mutating nature of the virus.
Commonwealth prosecutor Natasha Purvis said the article was "speculative", rather than having "an expert opinion", that was written to attract readers.
Ms Purvis also argued the offender had the same risk in the community, being a bus driver, as if he were to be in the Alexander Maconochie Centre.
"There isn't that evidentiary basis to say he's at greater risk," she said.
The prosecutor said, based on a doctor's letter, the jail has managed detainees in similar health situations before.
Chief Justice Lucy McCallum said any discussion about COVID would need to include the possibility of "disastrous outcomes".
"This is a complex sentencing exercise and I need to give it careful consideration," she said.
Court documents state that Wallis also used government money to obtain for himself a Lexus station wagon and a Toyota HiLux, worth a combined amount of more than $245,000.
In July 2017, the CSIRO sacked Wallis for misconduct and federal police raided the Griffith home he occupied at the time.
Wallis ended up repaying the agency the defrauded amount in October 2018.
Chief Justice McCallum set May 11 for when Wallis will be sentenced
