LAWYERS for former James Estate Wines boss David Anthony James have raised the possibility of again appealing a decision denying his request for a permanent stay on charges relating to an alleged cheque fraud scheme.
Mr James was back in Sydney's Downing Centre District Court on Friday, nearly two weeks after Judge Sharon Harris rejected an argument from Mr James' legal team that the case against him was 'doomed to fail' and shouldn't move ahead.
"It is in the interest of justice that the application be revisited, but I am not satisfied it is doomed to fail," Judge Harris said.
Judge Harris told the court that while prosecutors might have difficulty proving some elements of the case, Mr James had not demonstrated that the prosecution suffered from an "incurable vice" and refused his application for a permanent stay of proceedings.
Mr James was arrested in 2018 and charged over an alleged "cheque kiting" scheme, where detectives alleged he had deposited valueless cheques into an account and was able to draw down on uncleared funds, with a total value of $19,870,000.
But since 2018 the proceedings had been significant delayed, Crown prosecutor John Sfinas told Judge Tim Gartelmann, SC, on Friday, including a previous unsuccessful permanent stay application, an appeal to the Court of Criminal Appeal and then the most recent unsuccessful permanent stay application last week.
Mr Sfinas asked that a trial date be set, but lawyers for Mr James wanted an adjournment so he could get advice about whether or not he should again appeal against the decision to the Court of Criminal Appeal.
Ultimately, Judge Gartelmann set the fraud charges down for an estimated six-week trial in April, 2024, and said in the meantime Mr James could get advice about an appeal to the CCA.
Mr Sfinas said the indictment against Mr James had recently changed and the charges against him had been reduced from 70 counts of dishonestly obtaining financial advantage by deception to 32 counts.
James Estate Wines produced wines recognised by Australian and international wine judges, winning 300 medals and trophies in the five years to 2005, at which time it was sold in 25 countries throughout Europe, Asia and America.
In 2013, Mr James' Hunter Valley print and wine empire collapsed, leaving company debts of more than $25 million. It was sold in December 2014, 16 months after it was placed in receivership. It comprised a vineyard, winery and cellar door operation on 575 hectares near Baerami and a winery and cellar door on 43.6 hectares in Pokolbin.
