A high-profile Canberra lawyer has failed in a bid to stop prosecutors amending a charge that alleges he conspired to launder purported proceeds of crime.
Ben Aulich, 49, was initially accused of illegally plotting with his former business partner Bridie Harders, 37, accountant Michael Papandrea, 55, and an undercover police officer using the name Alex Torosian.
The ACT Magistrates Court has heard the alleged conspiracy involved a plan to clean supposedly dirty cash, which the undercover officer had indicated he would receive from a fictitious importation of illegal cigarettes.
The charges levelled at Mrs Harders were dropped in April 2021, while those faced by Aulich and Papandrea have changed since their arrests in December 2020.
Both Aulich and Papandrea have pleaded not guilty to a charge of conspiracy to launder money, while the lawyer also denies recruiting the accountant to engage in criminal activity.
During the latest round of procedural wrangling on Monday, prosecutor Mark Tedeschi QC sought to amend the conspiracy charge to delete the names of Mrs Harders and "Torosian", leaving only Aulich and Papandrea.
He said this was necessary to reflect the reality of Mrs Harders being discharged and the undercover officer not being a party to the alleged conspiracy.
Mr Tedeschi said, however, that the prosecution case remained the same as it was when a 39-page statement outlining the allegations was provided in May 2021.
"The evidence hasn't changed," he told the court.
"The allegations haven't changed. The overt acts by these two defendants haven't changed".
The prosecutor added that Aulich was alleged to have been "involved in various actions to assist the undercover officer to set up a money laundering scheme", which Papandrea was accused of furthering.
But defence barrister David Campbell SC, representing Aulich, opposed the amendment, arguing it would "narrow" the case and change it significantly.
Mr Campbell said the prosecution claimed the alleged conspiracy had begun in May 2020, but this could not be correct if it only involved Aulich and Papandrea.
He said there was "not a mention of the name Papandrea" in the prosecution case statement until an entry relating to July 2020.
Mr Campbell argued any material from before then would therefore involve "nothing concerning what is alleged to be the conspiracy".
Magistrate Michael Crompton, a NSW magistrate dealing with the matter in light of Aulich's status in the ACT's legal community, ultimately granted the amendment.
He said changing the charge would allow "the real question in dispute to be decided", and he did not think it would result in any injustice for Aulich.
Mr Crompton noted Papandrea's lawyers had not sought to be heard about the amendment.
The case is to return in August and November for arguments about issues that include whether the case will ultimately need to go to the ACT Supreme Court.
