PROMINENT Tamworth man Michael Foxman has been charged with a new security licensing offence, amid the Commonwealth prosecutor taking over the case that he allegedly threatened a court official.
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The Imperial Hotel owner did not appear in Tamworth Local Court when the new charge was mentioned on Thursday morning, but a solicitor and barrister appeared via video link to explain issues in his representation.
Magistrate Peter Thompson has agreed to hear a traversal of plea application - provided he is legally represented - after his request was earlier denied in the court when he represented himself.
Mr Thompson said some of Foxman's charges are listed for sentence but "there are matters that date back well over 12 months".
"I'm certainly mindful of the delay in the matter," he said.
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Barrister Catherine Lin appeared and was granted leave by the court to withdraw in the matter after she told Mr Thompson her brief was lost late last month on instructions from the legal firm handling the matter.
The court was told Foxman wrote to the court on Wednesday, despite "rather stringent" bail conditions ordering him not to contact the court registry.
"I've seen the correspondence he's sent through," Mr Thompson explained.
Solicitor Peter Doukas said he was currently on leave and "due to an issue of my relations with him, I intended to withdraw" in the case. He said Foxman had already picked up the case file from his office last week.
"He's not yet found other solicitors, I understand he's speaking to another law practice," Mr Doukas said.
But Mr Thompson refused to allow it, adding that would delay the case, and there would be no close case management.
"It's not a matter that I intend to grant you leave to withdraw from the matter," Mr Thompson said.
There's an issue that has arisen with his representation.
- Magistrate Peter Thompson
A hearing to see if the court will allow Foxman to reverse some of his guilty pleas was listed for January, but the court heard it was unlikely an affidavit from the previous solicitor would be ready, outlining his involvement in the case when entering the original pleas.
Mr Thompson said he wanted to allow "procedural fairness" for Foxman, allowing the traversal hearing to go ahead if a lawyer is involved, because "it was always doomed to follow" when he was legally unrepresented in August.
The case will be mentioned again before the January date because "I just want to keep the pressure on," Mr Thompson said, adding it would confirm the "question as to legal representation".
Foxman now faces six cases but was not required to enter a plea to the new allegation of being knowingly concerned in offence of unlawfully providing persons to carry on security activities.
Oxley Detective Senior Constable Craig Dunn appeared in court and confirmed that the Commonwealth prosecutors were taking over one of the cases.
"The threat to the court, or influence the public official," he told the court.
A Commonwealth DPP solicitor also appeared and said "we received a brief [on Wednesday]".
"[It is] largely complete, outstanding is one statement from the court," the DPP solicitor said.
Mr Thompson adjourned all matters and told the DPP "there's an issue that has arisen with his representation".
"The strict bail will continue," Mr Thompson said, warning Mr Doukas "if there is any correspondence, it should be through your firm".
After a query by a police prosecutor, Mr Thompson confirmed Foxman is banned from using all social media.
He also confirmed Foxman is prohibited from contacting prosecutors, NSW Police, the courts registry and is "not to use any social media platform".
Foxman is accused of using an email to threaten, harass or offend on September 25; and a second allegation centres on Foxman allegedly threatening a police prosecutor in his conduct as a public justice official on September 28 in connection to a judicial proceeding, namely the court case involving Foxman. He is yet to enter pleas.
The court has previously heard in September he allegedly sent threatening emails and forced the evacuation of the city's courthouse, after he claimed it would be the "only thing left" when he had "finished with them".