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Former Framlingham Aboriginal Trust administrator Geoff Clark, his wife Trudy and their son Jeremy have been committed to stand trial on alleged fraud charges.
In a hearing that has stretched over 18 months and been repeatedly interrupted by the COVID-19 pandemic and other issues, magistrate Charlie Rozencwajg on Tuesday committed Geoff Clark, 69, to stand trial in the Warrnambool County Court on more than 370 fraud charges.
Trudy, 65, has just 20 of her original 481 charges remaining, mainly relating to allegations over payments of $550,000 in legal fees for her husband.
Jeremy Clark has 39 charges left, mainly relating to legal fees, Geoff's deck and a Halls Gap maintenance program.
Aaron Clark has had the vast majority of his charges dropped. He is expected to appear in a separate Melbourne Magistrates Court hearing later in the year.
Conspiracy charges were previously withdrawn by the prosecution.
More than 700 of an original 1171 charges alleged against the four have been dropped.
The magistrate told the hearing yesterday he was satisfied there was evidence to support a conviction on the remaining charges and they were adjourned to a further hearing in the Warrnambool County Court on a date to be fixed.
Geoff, Trudy and Jeremy Clark have entered 'not guilty' pleas to their remaining charges.
The case started after Geoff Clark was charged with a total of 543 offences by Victoria Police major fraud and extortion squad detectives after a seven-year investigation code named Operation Omega.
Trudy was originally issued with 481 charges, their son Jeremy Clark, 47, of Abbotsford, with 114 charges and his brother Aaron Clark, 39, of Bellfield, with 32 charges. Earlier the magistrate committed Geoff Clark to stand trial on charges of allegedly giving false evidence in a Federal Court bankruptcy hearing and relating to a $100,000 deck.
Tuesday, 9.30am:
Fraud charges relating to infamous Geoff's Deck at Framlingham will be transferred to the county court.
Magistrate Charlie Rosencwajg indicated in a long-running committal hearing on Monday that there was evidence to support charges relating to the $100,000 deck and a Halls Gap maintenance program.
Former Framlingham Aboriginal Trust administrator Geoff Clark and his son Jeremy, who was in charge of an Aboriginal body at Halls Gap, were charged in relation to those events.
The prosecution alleges Geoff and Jermey Clark were involved in a scheme to defraud the Commonwealth of about $30,000.
It's alleged funds were moved to construct an outdoor kitchen and deck at the Clark family home in Framlingham.
Geoff Clark, his wife Trudy and two of their sons, Jeremy and Aaron, were charged with an original 1171 offences in a $2.48 million fraud case the prosecution alleged was a joint criminal enterprise.
The Clarks have always maintained their innocence.
The vast majority of Trudy Clark's original 481 charges have now been dropped, while some alleged offences against Geoff, Jeremy and Aaron have also been discharged.
Very few charges relating to Aaron Clark remain.
Today's hearing is expected to focus on the $400,000 transfer of windfarm money identified through the BDO audit and Geoff Clark's testimony in a Federal Court bankruptcy hearing in relation to the ownership of properties.
The 18-month committal could finish today.
Monday, 11am:
Magistrate Charlie Rosencwajg has sensationally back-flipped on dismissing charges relating to bills paid by an Aboriginal support body for a number of homes allegedly privately owned in a $2.48 million fraud case.
Mr Rosencwajg said early on Monday morning, in the continuation of a long-running committal hearing, that he may have "overstepped" and ventured into an area appropriate for jury.
He said his approach may have been too simplistic, when he looked at money going in and money going out and "not the real issue here".
The magistrate now says that he could not think why the Framlingham Aboriginal Trust would be paying bills and for services - such as rates, water, phone bills and for tradesmen - for properties which the prosecution allege were owned by Geoff Clark.
Those charges against Geoff Clark now remain in the case which will be forwarded to a County Court jury for consideration.
A small number of alleged offences - relating to perjury charges involving Geoff and Jeremy Clark, and school fees, involving Geoff and Trudy Clark, have this morning been discharged by the magistrate.
Earlier: Criminal charges alleging the wife of the former Framlingham Trust administrator was paid for work she did not perform have been axed by a magistrate.
Trudy Clark was originally charged with 481 offences, many about work payments and in relation to maintenance/income for a number of properties.
But magistrate Charlie Rosencwajg decided late on Friday there was insufficient evidence for the alleged offences about work payments to proceed.
In a disappointing day for the prosecution in the long-running committal hearing, the majority of the original 1171 charges laid by fraud squad detectives have now been discharged against former trust administrator Geoff Clark, his wife Trudy and two of their sons, Jeremy and Aaron.
The Clarks have always maintained their innocence.
However, the main charges relating to Geoff Clark, who celebrated his birthday on Sunday, remain in what was alleged to be a joint criminal enterprise.
Most charges relating to allegedly obtaining funds from a variety of Aboriginal bodies to pay for about $550,000 in Geoff Clark's legal fees will proceed against Geoff, Trudy and Jeremy Clark.
Trudy Clark's dropped work charges, related to payments over many years, even when she was living in South Australia and Ballarat.
Other charges now axed were about eel fishing licences, maintenance payments/income for a number of properties and charges about less than $50,000 of the $550,000 in legal fees.
Geoff and Trudy, in particular, were charged in relation to both maintenance fees and income from properties.
The question being asked by the prosecution was if the Clarks owned the properties, why were they allegedly having maintenance - rates, water and tradesmen's bills - paid for by the Framlingham Aboriginal Trust.
And if the properties were community owned, why did income from those properties go into the Clark's bank accounts.
The charges were laid after a seven-year police fraud squad investigation, Operation Omega.
The committal hearing in the Melbourne Magistrates Court is continuing today, with the main focus on charges relating to the infamous "Geoff's Deck" and evidence given by Geoff and Jeremy Clark in a previous Federal Court hearing.
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