News
18.09.23
Ben Aulich – an update from our Managing Partner
Today I appeared on behalf of my friend and business partner, Ben Aulich, in the ACT Magistrates Court. As mentioned in my blog of July 26, we have continued to fight for full disclosure of critical information related to the undercover police operation launched against Ben.
Despite refusing for more than two years to disclose the information they are required by law to share with all parties, the AFP has only now begun a ‘review’ of the documents it holds in Ben’s matter to determine whether any additional documents should be disclosed.
Late last week, the AFP advised us of the existence of at least seven additional categories of material that they had not previously disclosed, totalling more than 40 documents. Some of this material was provided to Ben’s defence team as late as last Friday, allowing insufficient time for review before today’s mention.
In May, in light of the troubling statements made during the Sofronoff inquiry by then ACT Director of Public Prosecutions Shane Drumgold that revealed his poor understanding of disclosure obligations, I requested the AFP provide an updated ‘Disclosure Certificate’, to ensure their obligations were being met with regard to Ben’s matter.
The AFP initially refused to provide this but, following their belated “review” which was implemented after our last court appearance, they have not only produced an updated Disclosure Certificate, but for the first time revealed the existence of an additional version, from October 2022, that had never been provided to the parties.
The parallels between the inadequate disclosure in Ben’s matter and those unveiled by the Sofronoff inquiry into the ACT criminal justice system are alarming.
Despite the AFP’s recent, belated, willingness to disclose in accordance with their obligations, we continue to meet resistance from the DPP in disclosing even the existence of certain documents in their possession.
Ben’s matter was adjourned today to allow us sufficient time to review the material provided by the police and to consider the next steps. Ben’s matter is back in Court in late October
We remain grateful to our clients, colleagues and friends for your ongoing support of Ben and the firm.
Peter Woodhouse