R v Robert Francis Agius [2011] NSWSC 982

Supreme Court New South Wales

Medium Neutral Citation: R v Robert Francis Agius [2011] NSWSC 982 Hearing dates: 25/08/2011 Decision date: 31 August 2011 Before: Simpson J at 1 Decision: Application for separate trial dismissed. Catchwords: CRIMINAL LAW - procedure - application for separate trial - delay - bail conditions - estimated length of trial - nature of the Crown case - evidence to be tendered against each accused - no basis for separate trial made out - application dismissed Legislation Cited: Criminal Appeal Act 1912 Cases Cited: Abibadra v The Queen; Jandagi v The Queen; Zerafa v The Queen; Agius v The Queen [2011] HCA Trans 171 Domican v R (1989) 43 A Crim R 24 R v Agius & Ors [2011] NSWCCA 119 R v Agius & Ors [2011] NSWSC 367 R v Baladjan & Ors [2008] NSWSC 1471 Webb v The Queen [1994] HCA 30; 181 CLR 41 Category: Interlocutory applications Parties: Robert Francis Agius (Applicant) Regina (Respondent) Representation: Counsel I Barker QC with him P Coady (Applicant) P Neil SC with him S McNaughton (Respondent/Crown) Solicitors Greg Murray Law (Applicant) Director of Public Prosecutions (Commonwealth) (Respondent/Crown) File Number(s): 08/45500; 08/245425

Judgment 1By notice of motion filed on 11 August 2011 the applicant, Robert Francis Agius, seeks an order for a separate trial of two counts of conspiracy to defraud the Commonwealth, in respect of which he is jointly indicted with three others (Kevin Zerafa, Carol Abibadra and Deborah Jandagi). No evidence was filed in support of the application. What follows as factual background is drawn from what I have gleaned over the past six months in dealing with this case, and what is asserted in written submissions filed on behalf of Mr Agius. No issue has been taken as to the accuracy of the factual substratum of the application.