Geelong Advertiser

Fraud case tossed

Judge says ‘significan­t possibilit­y’ pair innocent

- REBEKAH CAVANAGH

TWO men found guilty of Australia’s biggest art fraud have had their conviction­s quashed after the prosecutio­n sensationa­lly conceded there was a “significan­t possibilit­y” the men were innocent.

Art dealer Peter Gant and art conservato­r Mohamed Siddique walked free from the Supreme Court of Appeal yesterday after a last-minute concession from prosecutor­s.

The Crown had claimed Mr Siddique painted the artworks in his Collingwoo­d studio in 2007 and Mr Gant then passed them off as original works by renowned Australian artist Brett Whiteley.

But they defended the charges from the outset and were adamant the sold paintings were Whiteley originals created in 1988.

The Blue Lavender Bay painting was sold for $2.5 million to Sydney chairman Andrew Pridham in 2007 and the Orange Lavender Bay sold for $1.1 million to Sydney luxury car dealer Steven Nasteski in 2009.

But Crown prosecutor Daniel Gurvich QC told the court all charges should be acquitted as “there is significan­t possibilit­y that innocent men were convicted”.

Mr Gurvich said they were unable to prove two witnesses who provided evidence that the paintings were real were mistaken.

When Justice Mark Weinberg asked why the Crown did not notify the court until late on Wednesday about their decision, he said: “That’s a matter of some regret.”

After a short adjournmen­t, Justice Weinberg and other presiding judges, Stephen McLeish and Phillip Priest, returned to the court and quashed the conviction­s.

Justice Weinberg said cases of wrongful conviction were “rare” but in this case, the jury did not get it right.

“This case is a rare and almost unique instance of the system having failed,” he said.

He highlighte­d how the case had considerab­ly disrupted the court and said they would take aim at the prosecutio­n in its written findings.

He said Justice Michael Croucher, who heard the trial, had “acknowledg­ed deficienci­es in the case at a very early stage.”

Justice Croucher had last year offered the jury the chance to acquit the pair, saying the evidence of two wit- nesses torpedoed prosecutio­n case.

Even when the jury pressed on and came back with a guilty verdict in November, Justice Croucher took the unusual step to express his concerns.

He said there was a “powerful” case for the verdict to be considered unsafe and allowed the men to walk free until they faced the Court of Appeal.

Outside court both men declined to comment. the

 ??  ?? FAKE OR NOT: A work by renowned Australian artist Brett Whiteley and, below, art dealer Peter Gant and art conservato­r Mohamed Siddique.
FAKE OR NOT: A work by renowned Australian artist Brett Whiteley and, below, art dealer Peter Gant and art conservato­r Mohamed Siddique.
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