A MAGISTRATE has warned a hotel owner against breaching his bail conditions after the prosecution claimed it had evidence he was discussing the case on social media.
Police prosecutor Sergeant Matt Pawsey said he wanted to raise a bail issue in Michael Ian Foxman's case, after "a message posted on social media" that he said went "toward the main complainant".
Sergeant Pawsey said "maybe a warning is needed" that "if he continues to breach his bail, police will have no choice but to take action".
Agent solicitor Garry Johnston took immediate instructions from Foxman in court and said his client "is aware of that".
"I won't ask you to make admissions," Magistrate Julie Soars said, telling the court it was "an allegation only from the prosecution".
Foxman fronted Tamworth Local Court on Tuesday morning, on three separate cases involving indecency allegations at the Imperial Hotel; and intimidation of a witness.
The owner of the Imperial Hotel on Marius Street, he now faces six charges in respect of three cases.
As part of his bail conditions, he is prohibited from discussing the matters on social media or contacting any prosecution witnesses.
Sergeant Pawsey asked for "an extra condition to be added to the bail" that Foxman is not to "discuss this matter or the witnesses to the matter on social media".
Ms Soars said the bail condition was not to discuss the matter on social media whatsoever, and that would cover that condition.
"It's very important that everyone complies with the conditions of their bail," Ms Soars warned Foxman.
"There is no guarantee that if there is an issue, that bail will be granted [again]."
In September, the same magistrate in the same court gave Foxman a formal warning for a breach, the court told he made a social media post on the matter.
The charges in court
Ms Soars said she had all matters listed for mention on Tuesday, because "there was some confusion getting pleas".
Mr Johnston confirmed pleas of not guilty were being maintained to charges that the licensee permitted indecency on the licensed premises between 7pm on June 14 and 12.30am the next day.
He's also accused of refusing or failing to comply with a request made of the person under this part of the act, without a lawful excuse, in connection to CCTV, between June 27 and July 11.
"They're pleas of not guilty," he said.
Foxman is also accused of acting with intent to influence a witness and two charges of intimidation.
Police will allege he had a telephone conversation intending to persuade a man - who was to be called as a witness in the above judicial proceedings - to give false evidence or withhold true evidence.
Foxman is accused of then intimidating that man, and another, with the intention of causing physical or mental harm, between 10am and 3pm on July 7.
Sergeant Pawsey said "there is probably only the four witnesses ... so I would say about three hours", for that matter.
Mr Foxman is intending on calling seven witnesses.Solicitor Garry Johnston
But Mr Johnston said "Mr Foxman is intending on calling seven witnesses" so it could take all day.
"It's probably a full-day matter," he said.
Mr Johnston said Foxman's principal solicitor was off in January and "has no space in February", before the case was set down for hearing in Tamworth court in March.
In the other cases, Ms Soars said it had already been set down for hearing and adjourned, and she wanted to "keep them moving".
"Especially if they're of some complexity, they take some time to resolve," she said.
In the other cases, Mr Johnston said the charges and facts alleged are "the subject of representations" between the defence and police, and asked for an adjournment
Sergeant Pawsey said "I think it's useful to have reps, they're all fine-only offences", and Mr Johnston said he would need only two weeks.
"It's in for mention following representations; possibly a hearing date if needed," Ms Soars said.
"For the stalk matter, I direct bail to continue."
Foxman is also accused of furnishing the entertainment area in contravention of the development consent at the hotel between 7pm on June 14 and 12.30am on June 15.
The 49-year-old was first charged in June by the Oxley police licensing unit.
Foxman will return to court in January to confirm pleas, with one of the matters to be dealt with at a hearing in March.