The long-running case of Hoch and Limburg approaches its third anniversary and little progress is being made due to incomplete applications from solicitors.
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On Wednesday January 22, Mount Isa Magistrates Court heard the charges against former local pilot Josh Hoch and his employee Nichole Ellen Limburg that involved tampering with aircraft and fraud.
Mr Hoch and Ms Limburg appeared in court with their lawyer Michael Spearman, who told the court that further requirements were needed before proceeding with the committal.
"I received quite a comprehensive email from the State DPP outlining further requirements and articulation that are needed to be made before we can proceed," Mr Spearman said.
"A conference is set for Monday 3rd of February, I am seeking a mention date for the week after that."
Mount Isa Magistrate Trinity McGarvie said justice couldn't be served when the case had been delayed.
"The difficulty is that this matter has been on foot for a very long time, Mr Spearman, and the problem is with the case age is that justice isn't done to the State or the defence when they delay prosecution for so long," Magistrate McGarvie said.
State DPP representative A Lowrie endorsed the Magistrate's concerns.
"Note that in the coming days we are approaching the third anniversary of this matter in the magistrates court since its first mention on the 25th of January 2017. We are ready for this matter to progress," Mr Lowrie said.
"We received the application on January 13th for the cross examination of witnesses. My response was that there was no articulation in that document as to why it was of interest of justice to those people to be called which is a fundamental part of the application. This was following an adjournment from the 18th of November for that document to be provided to us.
"We suggest a short adjournment could be resolved and a sentence to be committed sooner rather then later."
Magistrate McGarvie adjourned the matter until February 5 at noon.
"I direct that your clients appear here in person, because in the event that there hasn't been an agreement about witnesses to be cross examined or compliance that application has been filed that then it is my intent that the matter is to proceed with a hand-up committal on that day," she told the defence team.
"Unless you can point me to a legislative basis on that occasion why I should not do so, because the matter has been on foot for too long and doesn't do justice to your clients."
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
