Mr Brett Evans, former CEO of Mirndiyan Gununa Aboriginal Corporation on Mornington Island, Queensland, was yesterday sentenced to 4 years, 6 months in prison with a non-parole period of 20 months and ordered to pay reparation of $421,378.20 to the corporation, the estate of Sally Gabori and other artists.
In the Mount Isa District Court, Mr Evans pleaded guilty to each of the 35 charges filed against him on 21 May 2020, for using his position dishonestly with the intention of gaining an advantage for himself, which is an offence under section 265-25(3)(a) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).
Mr Evans sold artworks to the value of $425,378.20, most of which were painted by Mirdidingkingathi Juwarnda Sally Gabori (now deceased). He claimed each work was gifted to him—but as the court heard, Mr Evans issued corporation invoices for each work, and buyers believed they were dealing directly with the art centre. On occasion, Mr Evans also issued certificates of authenticity to consolidate the impression of a legitimate sale. Judge Dearden commented that Mr Evans had a fundamentally significant and central role at the corporation, where the artists relied solely on his honesty and competence. He said: ‘those you have cheated have been completely cheated of the artworks they have done.’
The acting Registrar of Indigenous Corporations, Gerrit Wanganeen, said ‘Mr Evans used his position as CEO to exploit these artists. He also took advantage of the wider community. This exploitation of artists and community goodwill is abhorrent. It's a reminder for all corporation boards and in particular those of art centres, to be familiar enough with corporation business to spot the warning signs of mischief in their ranks. Requiring managers to report regularly to directors and members enables early detection of issues—and action to prevent escalation.’
The matter was prosecuted by the Commonwealth Director of Public Prosecutions.
Background
First incorporated in 1983 as Woomera Aboriginal Corporation, Mirndiyan Gununa Aboriginal Corporation organises and promotes traditional cultural expressions of the Lardil and Kaidilt people of Mornington Island, including dance and visual art. Its art centre, commonly known as Mornington Island Art (MIArt), is one of the best known and longest established art and cultural organisations in Australia.
Mirdidingkingathi Juwarnda Sally Gabori (1924–2015), a Kaidilt woman from Bentinck Island in the Gulf of Carpentaria was a distinguished contemporary Aboriginal artist known for colourful, expressive abstract paintings centred on her connection to country. Her work is held in numerous collections in Australia and internationally.
See the registrar's media release, Former CEO charged with ripping off Aboriginal artist and art centre (MR1920-17), 22 May 2020.