Judge: don’t ‘stuff around’
The most senior judge in Cairns gave a group of elite Melbourne criminal barristers a dressing down over delays moving toward a trial for four men accused of a failed bid to import 549kg of cocaine from Papua New Guinea to Mareeba in July 2020.
The time frames suggested by defence counsel for Salvatore Formica, 36, Pierino Forni, 65, George Machem, 40, and Aiden Khoder, 34, did not impress Justice James Henry when the case was heard for review on Friday in Cairns Supreme Court.
Unlike the others, Mr Khoder is facing charges over the alleged successful importation of 400kg of cocaine into Mareeba in 2018.
On this basis, three of the men are likely to seek to have their cases heard separately.
They are accused of allegedly organising for the cocaine to be flown in a “black flight” from PNG to Mareeba, but the overloaded plane, which was not airworthy, crashed upon takeoff and the pilot handed himself in two days later.
Australian Federal Police had the alleged syndicate under surveillance and arrested them at Mareeba.
Commonwealth prosecutor Ben Power said he anticipated two days of pre-trial legal argument, but defence counsel suggested two weeks. The trial is expected to take four-six weeks.
Barrister Mark Gumbleton, acting for Aidan Khoder, said the trial would be quite different to committal proceedings because pilot David Cutmore, who is serving 18 years in prison in PNG, would not be called to give evidence.
Mr Gumbleton foreshadowed the legality of warrants that were obtained by ASIC and used by local investigators to obtain warrants would be challenged. He said the prosecution had provided defence with a 42 page document setting out the case against the four on May 18 and he needed time to review it.
But Mr Power said there was nothing new in the document that was a refinement of evidence produced for the committal hearing.
Mr Gumbleton said it would be challenging to find time when everybody was available.
“So from my perspective the best position for me and those representing Mr Khoder is really early next year to pre-trial with a gap of time between that and the trial itself,” Mr Gumbleton said.
Justice Henry said: “I think it’s fair to say that you can assume automatic resistance from me about delays in the magnitude you’ve mentioned.”
“I need to list for another review to do that which I wanted to do today which was a date for prospective pre trial argument,” he said.
“The other aspects concerning me is a simple one – if I get stuffed around by the parties, yes, you’ve heard me correctly, if I get stuffed around by the parties, we’re getting to a need for the pre trial argument to be sifted through and identified.
Justice Henry set a deadline for filing of applications of July 14 with the case set for mention on July 20.