The lawyer representing a former AFL umpire accused of suspicious betting practices has indicated he will rely on a technicality unique to Victorian law to push for the case to be dismissed.
Michael Pell was arrested and charged in August over the alleged use and communication of “corrupt conduct information” for wagering purposes relating to the 2021 and 2022 Brownlow Medals.
A two-day committal hearing began at Melbourne Magistrates’ Court on Wednesday morning to determine whether the 35-year-old will stand trial.
Waiting for proceedings to begin, Pell, 35, glanced around at the dozen or so people in the courtroom. Beside him, his brother Donovan, 32, and friend Mitch Lucas, 33, stared straight ahead, the pair facing related charges for allegedly using information “about conduct that corrupts or would corrupt a betting outcome”.
Through the two witnesses called – one current and one former detective senior constable involved in the police investigation – the lawyers for the co-accused laid the groundwork for the technicality their collective defence will rest on: that the charges relate not to the corrupt use of information, but the sharing of information about corrupt conduct.
After confirming with both witnesses that Pell “did not corrupt or improperly influence” the actual allocation of Brownlow votes, it was argued that the prescribed charges did not fit the offence.
“It is an insider information case, but these are not insider information charges,” David Hallowes, SC, representing the younger Pell, contended.
“The conduct of awarding the votes was not corrupt, and so the Crown case fails.”
The lawyers for the three co-accused men indicated that this argument would form the basis of their collective defence, before presenting the magistrate with a hefty folder of written submissions they said backed up their position.
Samuel Tovey, who is representing the older Pell, flagged that the “now fabled folder” would reference a Commonwealth review that confirmed the understanding that “Victoria alone among jurisdictions in Australia chose not to legislate against the use of inside information”.
“What’s alleged against these men is not an offence under the law in Victoria,” he said.
The magistrate, who initially admitted he had struggled to follow the defence’s reasoning, adjourned proceedings about 11am, to resume on Thursday, so he could read the documents provided.
Prosecutor Greg Buchhorn, who was also seeing the folder for the first time, will also use the break to acquaint himself with the material.
Bail was extended for three co-accused men, who will return to court on Thursday morning.
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Bridget McArthur is a sports affairs reporter at The Age, covering the intersection of sports and politics/business/economy/society.Connect via X or email.
