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Sunday, March 20, 2011

Australia - Shock as retrial set for Monday

OFF THE WIRE
Roderick Makim
 frasercoastchronicle.com.au
OUTRAGE swept through the public gallery in the Hervey Bay District Court yesterday as the retrial for an extortion case was set for Monday.

Friends and family of the five co-accused expressed disbelief that Judge Leanne Clare set the retrial date so early, in spite of two of the defence barristers not being available on that date.

The men on trial, who are alleged to have links to the Rebels Motorcycle Club, also appeared shocked by the decision after their barristers had objected to the retrial occurring so quickly.
Two of the barristers told the court they would not be able to attend next week due to scheduling conflicts, which would result in Mr McCrea and Mr Hyland having to find new legal representation over the weekend.

Ms Clare overruled the objections, saying the case had dragged on long enough after a mistrial was ordered last Wednesday.
“Eight months is too long to wait,” Ms Clare told the court in reference to an earlier trial last year which also resulted in the jury being discharged.

The five men are accused of threatening Kristopher and Emma Bust in December 2008 shortly before they opened their store, Empire Body Piercing, in Kent St, Maryborough.

The latest mistrial was ordered on Wednesday after key prosecution witness Georgia Anderson stormed out of the courtroom during cross-examination.

Adam Warwick McCrea, Gary Wayne Hyland, Mark Darren Berghoffer, Sean Edwin Foster and Peter Ross Hill will remain on bail until Monday.