Andrew O’Brien KC appeared for the Crown, instructed by the Commonwealth Department of Public Prosecution.
This case concerned two men, Mr Thompson and Mr Farrugia, who were tried on indictment on three counts of conspiracy. The Court considered three issues: firstly, whether there was a latent duplicity in the first count of conspiracy, secondly, whether the charges were otherwise adequately particularised, and thirdly, if the answer to either of the first two questions was in favour of the accused, whether the Court had power to make the direction sought by the accused. The Court concluded that the Crown be directed to answer the question as to whether it is contended that the agreement allegedly made on 7 November 2008 was an agreement to deliberately understate expenses for the month of October 2008 in the general ledger of Hastie Services, or whether it was an agreement to falsify entries in the general ledge of Hastie Services to improve the reported EBIT results on an ongoing “as needs” basis.
The judgment can be read by clicking here
