More than six months after Sydney businessman Alexander Csergo was arrested on allegations he was providing sensitive material to Chinese agents, Australia’s attorney general has still not consented to his prosecution.
Lawyers for Csergo say he is being used as a “guinea pig” on a never-before-proven charge, and will seek to have him released on bail after prosecutors secured more time to confirm the charge against him.
Csergo, charged with one count of reckless foreign interference, is alleged to have swapped reports on business and politics with two Chinese handlers, known to him only by the anglicised names “Ken” and “Evelyn”, in exchange for envelopes of cash.
Stuck in Shanghai during the height of Covid lockdowns, Csergo has previously told Australian police he believed he was being groomed by intelligence officers from China’s powerful Ministry of State Security, and filled his reports with anodyne, open-source information. In some cases, he said he included incredible information, such as a purported interview with the Australian prime minister – in order to placate his handlers until he could escape China.
He fled China via Hong Kong in February. He has been in custody since being arrested at his home in Bondi in April.
However, the charge against Csergo was required to have been “certified” within six months of his arrest. That deadline passed on 15 October, but the commonwealth DPP said it would require a further eight weeks to obtain the attorney general’s consent, and to certify the charge against him.
Csergo appeared at Sydney’s Downing Centre local court on Wednesday via video link from custody, while his mother and brother watched on from the courtroom.
Crown prosecutor Talia Epstein told the court Csergo’s was a complex brief, comprising more than 1,200 pages of written statements, 2,000 emails, and 72,000 images.
“This is a novel offence … it has never been proven before.”
She said the attorney general’s department had advised it would take eight weeks to consent to the prosecution.
“Were it not for the attorney general’s consent, the matter would be ready for charge certification,” she told the court.
Csergo’s barrister, the former ACT attorney general Bernard Collaery, told the court: “It’s too late for charge certification, the six-month period has elapsed.
“This man is a guinea pig,” he said, arguing for Csergo to be discharged. “Bail should not be used punitively.”
Magistrate Janet Wahlquist said the delay in the case was unreasonable, telling prosecutors: “He is being kept in custody, and we don’t know how long it will be until you are ready.”
“Bail refusal is not supposed to be a penalty, he has got no record, I can’t imagine why he would not be on bail.”
The magistrate ultimately allowed another six weeks to certify the charge, rather than the eight requested.
She said she had the option of discharging Csergo but said it could present a real disadvantage and an unreasonable further extension if he was then re-charged and the six-month period reset.
“It does seem to me somewhat unreasonable, but I am prepared to extend,” the magistrate said.
“The attorney general should be able to make a decision within six weeks.”
Collaery sought bail for Csergo, but that application was adjourned until Friday to give prosecutors time to prepare their position.
“The crown seeks to put before the court other material that is relevant to an assessment of risk factors including the nature of contact between the defendant and people overseas,” Epstein said.
Csergo’s case will return to court on Friday.
