Mooroopna man used false evidence to try to recover money

Police found $36,688.50 in cash among other items when they searched Kearns’ Mooroopna home on three separate occasions from June to December in 2022.

He pleaded guilty to three counts of dealing with property suspected of being the proceeds of crime in Shepparton Magistrates’ Court in January 2023.

These charges were resolved in March 2023, according to documents submitted to the court.

Kearns went to a Mooroopna woman’s home on February 27, 2023, and asked her to say that she had paid him $12,000 for a car so he could get some of the money back that was seized when his house was searched.

The woman filled out and signed a statutory declaration, although she had never given Kearns $12,000 or any other large amount of money, and they went to a Mooroopna pharmacy to get the document witnessed.

Kearns’ lawyers emailed the statutory declaration to the police, but officers refused to release any money because they didn’t believe the document was truthful, and believed it wasn’t appropriately witnessed.

Kearns went to the Mooroopna woman’s home again on March 24, 2023, and asked her to write and sign another statutory declaration because police didn’t accept the first one.

The woman went back to the Mooroopna pharmacy to get the new document witnessed.

Kearns’ lawyers sent the new document to police on March 27, 2023, which they also did not accept, and Kearns was arrested on April 24, 2023, before receiving bail again.

In sentencing Kearns, Judge Robyn Harper said his “very serious offending” struck at the core of the criminal justice system.

“You sought to deceive the police,” Judge Harper said.

“It was so blatantly false, that (your claims) were not acted on.

“Such conduct will not be tolerated by the courts or the community.”

She noted Kearns was the main instigator of the offending, and the woman involved received an adjourned undertaking.

Judge Harper acknowledged Kearns’ significant history of drug addiction, several heart-related conditions he had, and his diagnosis of a cannabis use disorder, depression and adult ADHD, which meant he made impulsive actions without considering the outcomes.

She also noted that several of his children were currently facing their own matters in the criminal justice system, and he was their main support.

Kearns was sentenced to an 18-month community corrections order with 100 hours of community work.

Some of the conditions he must follow under the order include participating in programs and engaging in treatments for his drug and alcohol addiction issues, with up to 25 hours of time spent in programs counting as community work hours.

Judge Harper told Kearns any breaches of the community corrections order would almost certainly result in prison time.