A prominent lawyer accused of conspiring to launder money is set to face a trial, after a court found the case against him has a "reasonable prospect" of success.
Ben Aulich, 51, and accountant Michael Papandrea, 57, are accused of conspiring in 2020 to help an undercover police officer buy a supermarket to launder $100,000 cash per month purported to be from the illegal import of cigarettes.
On Thursday, special magistrate Sean Richter found despite Aulich's alleged "protestations and various comments this was just one of a number of ways [to deal with the money] ... it is clear from the evidence that this was the whole purpose of the scheme".
"I cannot be satisfied that there is no reasonable prospect [of being found guilty]," Mr Richter said.
Both accused men have pleaded not guilty to a charge of conspiracy to commit money laundering. Aulich denies a further charge of recruiting Papandrea to engage in criminal activity.
The two men had contested the case being sent to a higher court. They had argued there was insufficient evidence, claimed police entrapment, and sought to have the charges dismissed.
The prosecution case is that the undercover police officer, using the name "Alex Torosian", posed as a client of Aulich's self-titled law firm for about eight months in 2020.
"Torosian" covertly recorded numerous conversations, during which he purportedly pretended to be a criminal involved in the importation of illicit cigarettes.
Police allege Aulich and Papandrea conspired with that man to buy the supermarket for the purpose of laundering a "wardrobe full of f---ing cash" from the fictitious illegal tobacco venture.
In the ACT Magistrates Court on Thursday, Aulich's solicitor Peter Woodhouse withdrew from representing him.
Aulich's barrister, David Campbell SC, previously argued that for conspiracy to be made out there had to be an agreement reached not simply to assist but to carry out the illegal object of the agreement.
"It is at least open on the evidence that neither Mr Aulich nor Mr Papandrea could care less what Mr Torosian did with the business once he purchased it," he said in May.
Mr Campbell argued all criminal acts, if ever to have occured, "would be performed by [the undercover officer] and it was fictional in its basis".
"This is a classic case of entrapment from its outset to its end," he said.
In written submissions, Aulich's lawyers had argued police recordings demonstrated the man had no intention of being involved in money laundering or conspiracy to launder.
The case is next set to go before a Supreme Court registrar in September.
