The woman accused of defrauding an anti-child abuse charity she established in Taupō has failed in a bid to get one of the charges she faces dismissed. 

It was also revealed during the hearing at Rotorua District Court on Friday that Tracey Livingstone, 54, formerly worked for Oranga Tamariki. 

Livingstone faces two fraud charges relating to a group she founded called Child Abuse and Prevention Awareness (CAPA)

It's alleged a payment of $1530 made to CAPA for marshalling duties at a Taupō Ironman event was paid directly into her personal bank account, and that she also withdrew $1400 in cash from a bank account set up for CAPA.

 

​The Crown allege that cash was used to buy her husband a present. 

Livingstone sought to get a charge of causing harm by posting digital communication dismissed. 

The charge she sought to have tossed out related to a social media post made on January 29 this year that said:

"I have spent the past few days at the urupā with my whānau and tūpuna reflecting on how life is and how we are dead longer than we are alive, and I've decided not to let evil deceit and lies from the Troll get me down. I am placing a ... utu on the people most important in the troll's life young and old and will not remove it till the truth is spoken."

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Livingstone's lawyer Annette Sykes claimed that her client was adamant that the "troll" referred to was not the complainant in this case, and that the meaning of the words were not necessarily threatening. 

"The words have a nuance," she said.

"She is very clear she did not make that comment in relation to the complainant."

However Judge Philip Cooper, referring to an affidavit produced by Sykes from a Māori interpreter, said even that document noted the wording "does appear to have some malevolent overtones".

Cooper declined to dismiss the charge, telling Sykes it was "quintessentially a jury issue".

"I would be usurping the jurors role if I dismissed the case," he said. 

Livingstone, who is set to stand trial in February for the fraud charges, called the media "scum" as they left court.