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Australia: Fraud charges dropped after witnesses become "unavailable."

Nigel Morris-Cotterill

In a criminal prosecution brought by the Australian Securities and Investment Commission, ASIC, the financial regulator, two out of five criminal charges brought against an alleged fraudster were dropped because the witnesses in those cases became "unavailable." The charges related to conducting an unauthorised financial services business and to soliciting moneys which were used improperly.

Nevertheless, the accused has pleaded guilty to the remaining three charges at the door of the court before his trial commenced yesterday.

It's a long and convoluted story across years and jurisdictions as well as various enforcement agencies.

ASIC's schedule of hearings

Editor's note:

Following the mention of the matter on 15 May 2017, the matter was adjourned until 17 July 2017. 

Editor's note 2:

Following the mention of the matter on 17 July 2017, the matter was adjourned until 21 August 2017.

Editor's note 3:

Following the mention of the matter on 21 August 2017, the matter was adjourned until 16 October 2017.

Editor's note 4:

Following the mention of the matter on 16 October 2017, the matter was adjourned until 20 November 2017.

Editor's note 5:

The charges were mentioned in the Southport Magistrates Court on 20 November 2017, where it was confirmed that Roger Munro has been committed to stand trial in the District Court at Southport on a date to be fixed. Dr Munro remains on conditional bail.

Editor's note 6:

On Monday 12 March 2018, Dr Munro was indicted on 5 counts of fraud. The matter has now been listed for mention in the Southport District Court on Thursday 15 March 2018. Dr. Munro was not required to enter a plea and remains on conditional bail.

Editor's note 7:

On Thursday 15 March 2018, the matter was adjourned for further mention on 19 April 2018.

Editor's note 8:

On Thursday 19 April 2018, the matter was adjourned for further mention on 18 May 2018.

Editor's note 9:

On Friday 18 May 2018, the matter was adjourned for further mention on 29 June 2018 in the Brisbane District Court.

Editor's note 10:

On Friday 29 June 2018, the matter was formally transferred to the Brisbane District Court and adjourned for further mention on 26 July 2018.

Editor's note 11:

On 26 July 2018, the matter was adjourned for further mention on 9 August 2018.

Editor's note 12:

On 9 August 2018, the matter was adjourned for further mention to 8 November 2018.

Editor's note 13:

On 8 November 2018, the matter was set down for a trial to commence on 11 March 2019.

Editor's note 14:

On 5 March 2019, Munro appeared in the Brisbane District Court where the trial to commence on 11 March 2019 was delisted. The matter will be mentioned again on 8 March 2019.

Editor's note 15:

On 8 March 2019, the matter was adjourned for further mention on 15 March 2019.

Editor's note 16:

On 15 March 2019, the matter was adjourned for further mention on 29 March 2019.

Editor's note 17:

On 29 March 2019, the matter was adjourned for further mention on 5 April 2019.

Editor's note 18:

On 5 April 2019, the matter was mentioned and has been listed for trial in the week commencing 23 September 2019. A trial review is listed for 13 September 2019.

Editor's note 19:

On 23 August 2019, the trial scheduled to commence on 23 September 2019 was formally delisted. The matter will be mentioned in the Brisbane District Court on 7 November 2019.

Editor's note 20:

On 7 November 2019 the matter was set down for a trial to commence on 30 March 2020.

Editor's note 21:

On 20 March 2020, the Munro trial was formally delisted and will be
mentioned in the Brisbane District Court on 29 May 2020.

Editor's note 22:

On 29 May 2020, the matter was listed for mention in the Brisbane District Court on 12 June 2020.

Editor's note 23:

On 12 June 2020, the matter was listed for mention in the Brisbane District Court on 10 July 2020.

Editor's note 24:

On 10 July 2020, the matter was listed for mention in the Brisbane District Court on 17 August 2020.

Editor's note 25:

On 17 August 2020, the matter was listed for trial to commence on Monday 22 March 2021.

Editor's note 26:

On 14 December 2020, the matter was mentioned in the Brisbane District Court. The trial scheduled to commence on 22 March 2021 was formally delisted and relisted to commence on 19 July 2021.

Editor's note 27:

On 8 March 2021, the matter was adjourned for further mention on 22 March 2021.

Editor's note 28:

On 22 March 2021, the matter was adjourned for further mention on 6 April 2021.

Editor's note 29:

On 7 July 2021, the matter was mentioned in the Brisbane District Court and the trial continues to be set down to commence on Monday, 19 July 2021.

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