The long-running case of Hoch and Limburg has been delayed once again, this time to January, after the defendants' solicitor failed to supply cross examination material by deadline.
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On Wednesday November 27, Mount Isa Magistrates Court briefly heard the charges against former local pilot Josh Hoch and his employee Nichole Ellen Limburg that involve tampering with aircraft and fraud.
Mr Hoch and Ms Limburg's solicitor Morgan Whelan confirmed the office had disclosed a list of witnesses to the Commonwealth DPP on November 18, however had not disclosed the application for cross examination by deadline.
"Given the volume of material we anticipate that we will be able to provide the cross examination material hopefully by early next week," Ms Whelan said.
When asked by Magistrate Trinity McGarvie why it was not disclosed by the November 18 deadline Ms Whelan said "we have partially complied with it."
Commonwealth DPP and State DPP representative C. Moore confirmed the crown had received the list of witnesses at 4:56pm on November 18, but did not oppose the defence taking more time to prepare documents before the next court date of January 22.
"By that date I expect to have received it and both crowns to have provided their response to what they have consented and opposed to," Mr Moore said.
Magistrate McGarvie said if applications were not filed she would have great difficulty in being satisfied after a two year delay that there was any reason to cross examine.
"My directions are for the filing and serving to cross examine witnesses is enlarged until the 15th of January 2020," Magistrate McGarvie said.
"If failing, the matter will be listed for a hand up committal without cross examination on January 22, 2020 at 12pm.
"In those circumstances I will order that the personal appearance of the defendants is required on that day."
Mr Hoch was arrested by Mount Isa detectives on January 24, 2017 and was charged with 342 offences - mostly fraud related.
Other charges include 64 charges of general dishonesty obtaining gain, 51 charges of dishonesty gain benefit, 99 charges operation of an aircraft results in contravention of air operators certificate, and 5 charges of endangering the safety of a person in a vehicle with intent; and more.
Ms Limburg was charged with one count of fraud by employee, associated with Mr Hoch's case.
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Samantha Campbell
Samantha Campbell (nee Walton) has worked for regional and rural publications across New South Wales, Queensland and the Northern Territory. She is currently writing for the North Queensland Register based in North West Queensland. Email: samantha.campbell@austcommunitymedia.com.au
Samantha Campbell (nee Walton) has worked for regional and rural publications across New South Wales, Queensland and the Northern Territory. She is currently writing for the North Queensland Register based in North West Queensland. Email: samantha.campbell@austcommunitymedia.com.au
