Ben Aulich – an update from our Managing Partner
Over the past two days I have appeared on behalf of my colleague Ben Aulich in the ACT Magistrates Court. Ben’s matter was before the court for two reasons:
- The AFP has made an application to set aside a subpoena seeking access to the material they relied on to begin the undercover operation they conducted against Ben.
- The ACT Director of Prosecutions (DPP) has applied to force Ben’s matter out of the ACT Magistrates Court and into the ACT Supreme Court.
The subpoena was issued by us because the AFP has so far refused to provide information on the internal approvals process that led to charges being laid against Ben.
After several requests for full disclosure, we have had to bring a subpoena to compel them to produce the material.
Monday in court, the AFP sought to set aside that subpoena and prevent our access to the information.
After considering the evidence and submissions, the presiding magistrate will hand down his judgement on March 15, 2022.
Tuesday, Queen’s Counsel appearing for the ACT DPP sought to have the magistrate determine that the matter can’t be adequately dealt with in the ACT Magistrates Court and should instead go to the ACT Supreme Court for trial.
Senior counsel appearing on Ben’s behalf successfully argued that this application was premature and could not be determined without clarity around the facts that have so far been withheld by the AFP.
We will continue to seek fairness for Ben in this matter and will consider further litigation if a satisfactory outcome is not reached.
In the meantime, it remains business as usual at Aulich as we continue to provide our valued clients with outstanding legal services. We thank you for your ongoing support.