Lukas Carey, 40, and his wife Jasmine Carey, also known as Carol Finnigan, 39, orchestrated a kick-back scheme using a sham company where Mrs Carey was the sole director. 

Carey allocated consultation work to and authorised payment on behalf of the council to three contractors and his wife totaling $184,123 over a two-year and two-month period.

He was then paid $31,200 in secret commissions.

During a sentencing hearing at the County Court at Ballarat on Thursday, Judge Michael McInerney said Carey was the mastermind of all of the crimes, which he described as a gross breach of trust.

He said his offending, which was brought to light after a protected complaint was made to the Independent Broad-based Anti-corruption Commission, was hard to detect.

“It was indeed just that ability to control and protect such activity which make such crimes difficult for the public to detect and difficult for organisations such as councils and public entities to detect within their communities,” Judge McInerney said.

“In such circumstances, the prior good character of course loses some of its impact. The fact is without the high standing that Mr Carey had before he took this position of management, he would not have been able to effect these crimes nor would he have been able to have the ability to protect the crimes from detection given the totality of control he had.

“We have therefore serious and sustained criminality by Mr Carey as I say over a period of in excess of two years. Within that criminality is also contained a gross breach of trust not only of the obligations of his employment contract but to the wider people of Ballarat of whom he was employed.

“He has committed crimes which are notoriously hard to detect which require extensive investigation when detected as an example of the inquiries made by IBAC in this matter.”

Judge McInerney said Carey’s actions proved disastrous, with community rejection, relocating his family, financial loss, stress and anxiety all experienced following the offending.

Carey’s defence said he was a well-educated man, had no prior offences, had been involved in the sporting community and had started repaying the $31,200 sought by the council.

Judge McInerney rejected Carey’s explanation that he indulged in the two-year spate of criminality so his children did not experience the same fate as he did as a child, where he faced impoverishment and difficulties.

The court was told the Careys may have felt some insecurities when Mrs Carey, a bank branch manager, took extended leave to care for their new-born baby.

However, Mr Carey was earning $133,000 income a year, the court was told.

“His wife was the manager of the Eaglehawk branch of the Commonwealth Bank. Why she did not hold this scheme when it was first put and why she succumbed to being part of it is a matter that is beyond me and no doubt beyond her now,” Judge McInerney said.

Mr Carey was party to all illegal activities while Mrs Carey and three other contractors acted with Mr Carey and not with one another. 

Two of those contractors pleaded guilty to rolled up charges and were fined in the magistrates court in 2017.

The Careys entered an early plea of guilty at the Ballarat Magistrates Court in June to a combined 10 charges, including obtaining financial advantage by deception.

If Mr Carey did not plead guilty he would have received five years’ jail with a non-parole period of three years.

Mrs Carey is due to be sentenced in Melbourne on March 8. Mr Carey is eligible for parole in one year.