A Dandenong hotel developer may seek to have charges against him thrown out after a diary bungle by the prosecuting law firm.
Emad Farag and his company E & M Farag Pty Ltd are contesting Greater Dandenong Council’s allegations of failing to fix an alleged litany of fire-safety risks at the City Edge apartment hotel at 229 Thomas Street.
The council also charged both Farag and the company of occupying the building’s first-floor offices while it was still allegedly defective and without an occupancy permit.
However in a special mention hearing on 11 October, Farag’s lawyer flagged that he may apply for a ‘permanent stay’ due to the council failing to provide a full brief and submissions by the due date.
The case has dragged on through several adjournments since 2021, with magistrate Jason Ong ordering both parties to file submissions by 9 October.
“The prosecution (Greater Dandenong Council) has not filed any submissions at all so we have not complied,” the defence lawyer said.
Delays were causing escalating costs to Farag, and that they would later “consider his position on making an application for a permanent stay”, the lawyer said.
The council’s prosecuting lawyer Mathew Sherwell apologized for failing to provide a full brief and submissions on time.
“I have to apologise to the court. We have not filed or served a full brief to the accused.
“I can only express the unhappiness about the position I find myself in.”
Sherwell said the error lay with his law firm. It had omitted to enter the task in its diary after the magisterial orders were made in June.
“That matter got missed and it didn’t get done.”
The oversight wasn’t realised until a meeting with Farag’s lawyer the day before the meeting, he said.
Late on the same day, the law firm received all the material – “many hundreds of documents” – from Greater Dandenong Council.
It would require another four weeks to complete the brief, Sherwell told the court.
Magistrate Ong noted the contest mention was not until March 2024. The hearing on 11 October was to ensure matters were progressing.
He said the test for a permanent stay was for Farag to show that prejudice was caused.
The next special mention was listed for 12 February 2024.
