The former boss of a Canberra childcare centre will face trial over an alleged six-figure fraud after failing to convince a magistrate the case against her was hopeless.
Emma Louise Morton, 49, faced the ACT Magistrates Court on Friday after previously pleading not guilty to 110 counts of obtaining property by deception.
She was a director of the Weston Creek Children's Centre when she allegedly stole more than $400,000 from the not-for-profit entity.
Morton is accused of doing so by transferring money from the centre's bank accounts to herself and using its funds to make personal purchases, which she allegedly disguised with descriptions that indicated they were work-related.
Her lawyers argued last month she should not be committed to the ACT Supreme Court for trial because there was no way a jury would find her guilty of obtaining property by deception, which is a fraud offence.
"The charge is just wrong," her barrister, Duncan Berents, argued.
Mr Berents said Morton's alleged offending, if it had occurred at all, would amount only to theft.
Prosecutors disagreed, arguing Morton did have a case to answer in relation to the fraud charges.
On Friday, magistrate Ian Temby found in the prosecution's favour.
He noted Morton's lawyers had cited the similar case of former Gungahlin United Football Club president Aaron Alexander, who had 108 counts of obtaining property by deception dismissed last year.
In that case, magistrate Glenn Theakston found the necessary element of deception could not be proven because Alexander was authorised to use the club's bank accounts and credit card.
While Alexander's use of the club's money was found to be dishonest, his conduct only amounted to theft.
During Morton's contested committal hearing, Mr Berents argued deception could not be proven in the 49-year-old's case for similar reasons.
But on Friday afternoon, Mr Temby said decisions of NSW courts suggested otherwise.
In one, the NSW Court of Criminal Appeal found "overwhelming inferences" a woman authorised to access funds had committed fraud by deceiving her employer and a bank into wrongly believing she was using the money legitimately.
Mr Temby therefore found there were reasonable prospects a jury would convict Morton of all 110 charges, obliging him to commit her to the ACT Supreme Court for trial.
Morton's case is due to go before that court's registrar for the first time on June 29.
