A Sydney businessman who allegedly provided information to Chinese spies could at worst be accused of mere plagiarism, his lawyer says.
Alexander Csergo, 55, is facing a reckless foreign interference charge after he allegedly accepted envelopes of cash in exchange for handwritten documents outlining Australia's defence, economic and national security arrangements.
Despite a string of delays, prosecutors are not yet ready to progress with the matter because the attorney-general's office has not formally consented, Sydney's Downing Centre Local Court was told on Wednesday.
If a brief of the evidence against Csergo is not provided within a six-month window, expiring on October 14, his legal team can apply to have the case dismissed.
Appearing in court from jail via videolink, Csergo scoffed loudly as prosecutors said they were seeking a further 10-week adjournment while he remains in custody, where he has been since April.
Csergo's barrister and former ACT attorney-general Bernard Collaery argued the material allegedly provided by his client to the spies amounted to "consultancy reports" made up of open-source information, to which his client added "commentary".
"Perhaps the only offence this man can be accused of is plagiarism," he said.
Mr Collaery said he had been "drip fed" information relating to the charge by the Australian Federal Police, who arrested Csergo in mid-April.
"Not a skerrick of it has been pointed out to us by police as having a sinister connotation," he said.
"This man should know what he's alleged to have done wrong."
Csergo was living and working in Shanghai in 2021 when he was approached by two people who went by the names Ken and Evelyn.
The communications and technology infrastructure consultant allegedly conceded in an interview with police he suspected the pair were spies soon after meeting them, but he still remained in contact with them for two years.
Prosecutors allege he also returned to Australia this year with a "shopping list" of spying priorities drawn up for him by the Chinese agents.
The former Waverley College athletics captain began working in China in 2002 after stints at Telstra and Hyatt International.
Since then, he has worked with a large American ad agency, Shanghai Volkswagen, China Telecom and French advertiser JCDecaux.
If found guilty he could face a maximum penalty of 15 years behind bars.
