A former South Australian Liberal Party president and lawyer who became an international fugitive more than 30 years ago when he fled Australia on a fake passport is now too unwell to stand trial.
The District Court found John Malcolm West "misappropriated" more than $87,000 of legal clients' money on 27 occasions in the 1980s.
Judge Paul Muscat said the 76-year-old fled to Africa before his Supreme Court trial in 1988 and remained on the run until last year.
"The defendant had managed to obtain a false Australian passport under the assumed name Howard," Judge Muscat said.
"The defendant thereafter made a new life for himself and his wife in Africa.
"As far as anyone was aware, he did not return to Australia until March 2022, when his daughter made an application on his behalf for a Medicare card."
Judge Muscat found Mr West was now mentally unfit to stand trial for the offences in the 1980s due to his recently diagnosed Alzheimer's disease.
"I am satisfied in relation to each count the objective elements of the offence is established beyond reasonable doubt," Judge Muscat said.
At the time the charges were laid, Mr West was a partner in a law firm and also a sole legal practitioner under the business name John West and Co where he had set up a "false trust account".
"All the charges relate to the defendant allegedly misappropriating monies held by him on trust for clients in the course of his legal practice," Judge Muscat said.
"Some of the charges involve monies deposited into the trust account by some clients used by the defendant to pay other clients, essentially robbing Peter to pay Paul."
Mr Muscat said some of the other charges involved the defendant using the money "for his own purposes".
Judge Muscat will set a limiting term for Mr West in April, which is the equivalent of the prison term he would have received if he had been convicted of the offences.
Mr West — who lives with his 97-year-old mother-in-law — had his home detention bail conditions removed on Monday, on the condition his wife and daughter be guarantors and he adheres to an overnight curfew.
