Hearing delay for ‘petrol scam’ charges
A trial planned for a man accused of a series of petrol scam offences – including some allegedly involving elderly victims – has had to be put off because of a conflict between him and his defence counsel.
“A conflict has arisen which cannot be overcome,” counsel Aliza Eveleigh explained to Christchurch District Court Judge John Strettell as the hearing was due to begin.
She said she had earlier told the police officer in charge that she would be seeking to withdraw from the case, and she did not believe Kim Michael David Barwell could go ahead with the trial without a lawyer.
Barwell, 48, has denied 10 “petrol scam” offences alleging that he caused loss by deception. He was arrested in November. Police will allege he used various excuses to ask people for petrol so that he could get home. The charges list amounts ranging from $20 and $200, with offence dates from August 25 to October 19.
Police prosecutor Sergeant Steve Midgley said the police had some of their witnesses present for today’s hearing and others were “on standby”.
He said: “The prosecution is in a position to proceed. Some of the complainants are quite elderly, and one is on dialysis.”
Judge Strettell granted the requested adjournment. He said it would be “inappropriate and procedurally wrong” to force the hearing to go ahead in these circumstances.
“That is unfortunate because of the amount of time alotted for the hearing, the length of time since it has been before the court, and the fact that some of the witnesses are elderly.”
He said he would “reluctantly” remand Barwell to a pre-trial call-over on June 13 for the appointment of a new defence lawyer and for a new date to be set. Barwell remains on bail.
Category: News
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