FRAUD charges against former James Estate Wines boss David Anthony James will go to trial after he tried unsuccessfully to have the case against him thrown out in court.
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In Newcastle District Court on Monday, James, who was first charged in 2018 with allegedly being involved in a cheque fraud scheme worth almost $20 million, appealed an earlier decision denying his request for a permanent stay on proceedings.
Judge Sharon Harris rejected James' argument that the case against him was 'doomed to fail' and shouldn't move ahead on that basis.
"It is in the interest of justice that the application be revisited, but I am not satisfied it is doomed to fail," she said.
Judge Harris told the court that while the Crown might have difficulty proving some elements of its case, James had not demonstrated that the prosecution suffered from an "incurable vice" and refused his application for a permanent stay of proceedings.
It's alleged that James, then 56, was involved in a 'cheque kiting' scheme, where he deposited valueless cheques into an account and was able to draw down on uncleared funds, with a total value of $19,870,000.
In 2013 his Hunter Valley print and wine empire collapsed, leaving company debts of more than $25 million.
It was sold in December 2014, 16 months after it was placed into receivership.
The business comprised of a vineyard, winery and cellar door operation on 575 hectares near Baerami and a winery and cellar door on 43.6 hectares in Pokolbin.
James Estate Wines produced wines have been recognised by Australian and international judges, winning 300 medals and trophies in the five years to 2005 - when it was sold in 25 countries throughout Europe, Asia and America.
The matter will return to court May 26 to fix a trial date.
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Madeline Link
Madeline Link is a journalist at the Newcastle Herald, with a focus on Lake Macquarie City Council. To keep up with my stories, follow my Twitter @madeline_link, for tips email madeline.link@newcastleherald.com.au.
Madeline Link is a journalist at the Newcastle Herald, with a focus on Lake Macquarie City Council. To keep up with my stories, follow my Twitter @madeline_link, for tips email madeline.link@newcastleherald.com.au.
