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ARTICLE · 23 APRIL 2020

Criminal defence barrister withdraws during trial due to COVID-19 concerns

The decision whether to grant an adjournment or a stay is to be made in the exercise of the trial judge's discretion.

AustraliaCoronavirus (COVID-19)

The 23rd of March 2020 was the day the prime minister's stage 1 COVID-19 restrictions came into play. It was also the day that Michael Kahil suddenly found himself in Sydney's Downing Centre District Court minus the barrister overseeing his defence during proceedings that commenced on 9 March, two weeks earlier.

Mr Kahil and his co-accused Tony Haddad had been standing trial over charges of conspiracy to import a commercial quantity of a border controlled precursor into Australia, contrary to subsections 11.5(1) and 307.11(1) of the Criminal Code Act 1995 (Cth).

This federal offence can see an individual liable to up to 25 years behind bars and/or a fine of $1,050,000.

Time to withdraw

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