Mount appeals again
Former high-profile Nelson financial adviser Tony Mount has launched another appeal against his convictions.
Thursday, August 27th 2015, 6:00AM 1 Comment
He was sentenced in December after being found guilty of fleecing clients of his business, Independent Financial.
He was found guilty at a judge-only trial in October of 18 counts of theft by failing to account, 48 of theft by a person in a special relationship, altering a document with intent to deceive, obtaining by false pretense and obtaining by deception.
He stole more than half a million dollars from 18 clients over a decade by inflating the purchase price of investments and deflating the sale price, taking the difference for himself.
He was sentenced to six years and nine months in jail. Judge Arthur Tompkins said Mount's clients trusted and relied on him to invest their money.
He said they had been told repeated lies.
But lawyer Steven Zindel was in the Court of Appeal last week, claiming that Mount should be allowed a retrial.
He said his trial was unfair because Mount did not understand what was required in representing himself. He is asking for a retrial where Mount can be represented by Zindel. He said Mount had eventually asked for legal assistance but the request was not processed for two months and was withdrawn because it was out of time.
The crown prosecutor argued Mount chose to represent himself.
In April, Mount pleaded not guilty to more charges of perjury and falsifying evidence, to be heard by a jury.
The charges relate to prior legal proceedings against Mount and a sworn affidavit from a civil case, in which clients obtained a ruling that he must pay them $2.84 million plus interest.
Mount has lost his Nelson home, worth almost $1 million.
He launched a separate appeal in April claiming that his jail term was excessive.
The Court of Appeal has reserved its decision.
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I would be inclined to leave Mr Mount in solitude for his full term, to dwell over his decisions...