The Cairns Post

Mirotsos freed on bail

Former lawyer faces retrial after conviction­s set aside on appeal

- PETER CARRUTHERS

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.

 ?? ?? Anthony Mirotsos, who was jailed for fraud, has been granted bail after successful­ly appealing conviction­s.
Anthony Mirotsos, who was jailed for fraud, has been granted bail after successful­ly appealing conviction­s.

Newspapers in English

Newspapers from Australia