A barrister in an alleged $2.48 million Framlingham fraud case is making a submission for costs after the vast majority of charges against his client were dropped.
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Barrister James Anderson, acting for Trudy Clark, made an oral submission for proportionate legal costs just before a long-running committal hearing wound up on Tuesday.
Trudy Clark, her husband and former Framlingham Aboriginal Trust administrator Geoff Clark and two of their sons, Jeremy and Aaron, were originally charged by Victoria Police fraud squad detectives with 1171 alleged offences after a seven-year investigation code named Operation Omega.
The committal hearing started in February last year but due to the COVID-19 pandemic and other interruptions, one caused by the road cycling death of a barrister, it did not finish until Tuesday afternoon.
Geoff, Trudy and Jeremy Clark were committed to stand trial, entered not guilty pleas and have been released on bail.
The case was adjourned to a directions hearing before the Warrnambool County Court on October 27 when a trial date will be discussed.
Aaron Clark was originally facing 32 charges, but only one now remains after the rest were discharged during the committal.
He is expected to have that charge heard by a magistrate next year.
Geoff Clark is still facing 379 of his original 481 charges and Jeremy Clark 39 of his original 114 alleged offences.
There are now 439 of the original 1171 charges alive.
Mr Anderson submitted that Trudy Clark was largely successful in contesting her charges during the committal hearing with 461 of her original 481 charges now discharged.
He said there had been a "significant grant" of Victoria Legal Aid funding to prepare for the $2.48 million fraud case which involved about 50,000 documents.
It's understood legal aid preparation fees are based on the number of documents involved.
In addition, the contested committal hearing involved 23 sitting days stretching over 18 months.
Magistrate Charlie Rozencwajg cut the verbal submission short, giving leave for Mr Anderson to make a written submission for costs.
But, he did indicate there was a precedent which could lead to that submission being unsuccessful.
"We are not going to argue it now. I've had enough," the magistrate said after a lengthy process of discharging about 730 alleged fraud offences from the case.
Experts have put the commercial rate cost of the Clarks' legal representation so far at $200,000 each and as high as a total of $1 million.
The figure for legal aid funding is less than commercial rates, but for Geoff and Trudy Clark the costs are conservatively estimated at $100,000 each.
"It would have cost a packet. It's been going on for ages," a leading barrister said.
It is not known if Jeremy or Aaron Clark's legal teams have been funded by legal aid.
A legal aid spokeswoman said that under section 43 of the Legal Aid Act, for privacy reasons, it was not able to disclose information about applicants for or recipients of legal aid funding.
Geoff Clark is still facing 379 charges relating to about $2 million.
Those charges relate to legal fees of $500,000, eel licences worth $130,00, Framlingham trust shares of $470,000, assets and bankruptcy of $85,000, thefts and unauthorised payments of $16,000, a tractor and stone crusher $290,000, electric items and water tanks $250,000, allegedly defrauding the Commonwealth, Geoff Deck and Halls Gap house maintenance $115,000, shed rent at Warrnambool's Cooper Street $5000, rent for a Tooram Stones property $16,000 and windfarm management money of $400,000.
Trudy Clark's 20 charges relate to Geoff Clark's $550,000 in legal fees and Jeremy Clark's 39 charges relate to the legal fees, Geoff's deck and allegedly defrauding the commonwealth.
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