Belle Gibson’s The Whole Pantry app pulled from Apple App Store; Fraud charges involving Canberra swim school business thrown out of court on technicality: Midday Roundup

The Whole Pantry app is no longer available for sale from Apple’s Australian and US App Stores, following accusations its creator Belle Gibson failed to donate money promised to charity and of fabricating cancer claims.

Fairfax reports Apple is yet to comment on the app, which is still being promoted alongside the Apple Watch.

But the Australian and US App Store customers are no longer able to buy the app. A version is still available in the Google Play store for Android users.

Penguin Random House, the publisher of The Whole Pantry cook book, has ceased suppling Gibson’s book in Australia and its UK imprint, Michael Joseph, will follow suit. The Whole Pantry cook book was to be released in the US next month but publisher Atria Books has cancelled the book launch and existing orders for the title.

Fraud charges involving Canberra swim school business thrown out of court on technicality

A former swimming school coordinator who was charged with two frequently adding extra hours to her daughter’s payslips has had her case thrown out of court over a technicality.

Fairfax reports the case against Judith McAllister will not proceed in the ACT Supreme Court after her legal team successfully argued against the Crown’s use of the phrase “to the value of” in relation to the nearly $50,000 allegedly obtained from Lakeside Leisure Centre by McAllister.

McAllister’s lawyer Anthony Williamson said the Crown had accused McAllister of defrauding the centre “to the value of” an exact dollar amount, rather than a range of amounts. But based on the evidence provided, the jury would not be able to convict McAllister of stealing that exact amount.

The Crown said while it could not prove the exact amount stolen, the use of the phrase “to the value of” was intended to cover any dollar amount up to and including the figure specified.

But Justice Richard Refshauge ruled in favour of the defence and instructed the jury to enter not guilty verdicts for both charges against McAllister.

“It’s highly technical and people might be critical of that, but unless we apply the law … we’re on the slippery slope to anarchy,” he said.

Shares down on open

Aussie shares have traded lower this morning, off the back of a weak lead from Wall Street and volatility in commodity markets.

But Tristan K’Nell, head of trading at Quay Equities, said in a statement it was not surprising to see the local market in the red this morning.

“Given the uncertainty around the message the [US] Federal Reserve will send when it concludes tonight it was no surprise to see some selling hit the screens,” K’Nell said.

The S&P/ASX 200 benchmark was down 18.1 points to 5824 points at 11.59am AEDT. On Tuesday the Dow Jones closed 128.34 points lower, down 0.71% to 17849.1 points.