CONTROVERSIAL Tamworth publican Michael Foxman's attempts to traverse his guilty pleas to four charges have failed, despite him claiming a town-wide "conspiracy" against him.
Foxman did not appear in Tamworth Local Court in person on Thursday afternoon, but via phone from Sydney where he has been bailed to live.
Magistrate Julie Soars heard submissions from Foxman, claiming that "the world's biggest companies were watching" and his court cases had cost him more than $12 million.
Ms Soars said Foxman was an "articulate man and a successful businessman, it would appear" but "he does allege a massive conspiracy has been carried out".
"He does allege the police, the council and his former employees have conspired against him to destroy his business," she told the court in her judgment.
"This is the background he relies on ... for the miscarriage of justice."
The owner and former licensee of the Imperial Brewhouse faces three cases including two counts of intimidation; allowing indecency at a licensed venue; and furnishing an entertainment area without development consent.
He pleaded guilty to them in March but another magistrate refused an application to have them dismissed under the Mental Health Act.
Ms Soars said it was accepted he was sitting behind his solicitor in court when he pleaded guilty in March and "continued to instruct the solicitor for a Section 32 application".
"He does say that his solicitors were playing secrets with him," she said.
"He alleges that his former employees forged documents.
"He alleges he was setup in a phone call ... the whole purpose was to trap him, to set him up."
But she dismissed the traversal application, which was opposed by the prosecution. She noted Foxman's "massive conspiracy that he relies on", but said he never sought to interrupt or stop the guilty pleas being entered, and continued to instruct his solicitor for two more months.
Foxman has since "fired" his lawyer, and appear unrepresented on Thursday.
"I don't find there has been a miscarriage of justice here," Ms Soars said.
"The applications to traverse the plea in each of those three matters is denied."
Foxman sought to have the matters moved to Waverley court but it was rejected, and adjourned for sentence after the hearing matter.
"Your Honour, how are we going to overcome the corruption issues?" Foxman interjected.
"The evidence is tainted."
"I'm not going to give you a platform, a soapbox to make further allegations of people in Tamworth," Ms Soars replied, silencing Foxman and adjourning the case.
He has other charges of perverting the course of justice set down for hearing in October, where he will also face sentencing for these matters.
As part of his bail, Foxman must not enter Tamworth unless for court; is prohibited from contacting witnesses or running the Imperial hotel; and is banned from social media, among a raft of conditions.
The hearing was earlier stalled twice because Foxman didn't comply with a court order to file evidence by the end of July.
PROSECUTION OPPOSES APPLICATION
He told the court "it's being printed at one of my solicitors in Tamworth right now", later adding their printer had failed and the property solicitors at Stack's Law Firm had been forced to rush to OfficeWorks to print the bundle of documents.
"I spoke with Stacks in the break," Police prosecutor Sergeant Matt Pawsey told the court, after a brief adjournment.
"They indicated to me, they do not hold instructions."
Two of Foxman's Imperial workers, not solicitors, then rushed the documents into court.
Foxman told Ms Soars it "had been a very hard slog" and "it's actually done my head in".
I am a victim in this situation... it's not just a small victim ... It's a victim that's lost tens of millions of dollars.Michael Foxman
"I am a victim in this situation... it's not just a small victim," he told the court.
"It's a victim that's lost tens of millions of dollars."
Foxman said he can't talk to his employees; "I can't get onto my social media" and that had hampered his ability to gather evidence.
A 35-page affidavit was also tendered, along with A3-sized copies of text messages; screen shots; a Sarah Ashley contract page; as well as memorandums of understanding between Baseball Australia and Foxman; as well as documents from Metro Global dating back to March 2017.
Sergeant Pawsey opposed the traversal application, and tried to have it thrown out several times.
He said the bundle of evidence tendered "does not assist" the traversal plea application.
He said Foxman sat behind his solicitor when the pleas were entered, and then instructed him in the Section 32 application. He said there was no affidavit from the lawyers about how the solicitors gave their instructions.
"He hasn't made out the case for traversal of plea ... and the application should be dismissed," he told the court.
In court, Foxman claimed "there's certainly been hundreds of examples" of "miscarriages of justice", and claimed wild accusations of police and council which Ms Soars refused to hear in court, dismissing them.
The court heard he blames the indecency allegation on his staff.
"They organised a sex show ... they told me it was a strip show," Foxman told the court.
He claims his staff "were robbing me" and one had "renovated two houses on my credit card".
"I did not organise a sex show, I did everything I should do right," he said.
But Ms Soars said there was evidence Foxman was standing there on the night of the sex show in 2019.
"You were the master of ceremonies ... you were there on the night ... there's CCTV," she said.
"Licensee permit is the charge."
He said the intimidation charges were based on a recorded phone call.
"It was to trap me ... it was to gee me up," he told the court.
He claims his solicitors "were playing secrets with me" and he was "dumbfounded" when the guilty pleas were entered in court after a plea deal. He said it was all a setup.
"They're trying to shut me down," he said.
"This is all a farce, to get me thrown in jail, in jail they want to get me knocked off," he said.
Foxman claimed "Virgin airlines, Mitsubishi, Hyundai ... the world's biggest companies are watching ... they've been standing there", watching everything unfold in Tamworth.
"Why would I put on a sex show to ruin my entire life?" he said.
The case returns to court in October.