Mirotsos freed on bail
Former lawyer faces retrial after convictions set aside on appeal
A FORMER Cairns Chamber of Commerce president sent to jail for fraud has been granted bail after succeeding in having his convictions set aside in a complicated appeal.
In March 2021, Anthony George Mirotsos was jailed for 4.5 years in the Cairns District Court for defrauding more than $200,000 from a company he co-directed to finance a home renovation and vehicle costs.
Mr Mirotsos had pleaded not guilty but a jury found him guilty of 11 fraud charges linked to the misappropriation of $211,695 from Koolmoon Developments and trying to defraud a portion of about $95,000 in 2014-16.
At the sentencing hearing last year, Judge Brian Devereaux said the former lawyer “exercised control” and “took advantage” of his position.
“You were able to dishonestly do the things you did because you had complete control over the company’s finances,” Judge Devereaux said.
“Your conduct was a very serious breach of trust. You abused that trust to your advantage.”
But a Brisbane Court of Appeal on Friday found in favour of the former lawyer and quashed convictions for fraud, as a director to the value of $30,000, and fraud as a director; verdicts of acquittal were entered.
On nine other counts, including an attempt to dishonestly induce MacGregor O’Reilly Solicitors to deliver him $95,592.40, Mr Mirotsos had convictions set aside and a retrial ordered.
Effectively, proceedings are back to square one on nine fraud counts.
Mr Mirotsos’ appeal was based on an alleged miscarriage of justice due to the jury not being adequately instructed about the element of dishonesty and the jury being “erroneously directed’’ that evidence of business partners James Cassell and Alfred White was relevant to all the counts.
In summarising the case on Friday, Justice John Bond said the appeal hinged on whether the jury had considered a theory that evidence could be inconsistent with guilt proven beyond a reasonable doubt.
“In my view there was no basis for the jury to find that hypothesis had been excluded to the criminal standard,” Justice Bond said.
A date for a new trial has yet to be announced.