THE legal team representing a man in Orange Local Court, over charges of allegedly setting fire to his vehicle for the insurance money, was successful in forcing the prosecution to pay compensation for a delay in the case.
Michael Lee Davis, 25, faced court on a charge of dishonestly obtaining financial advantage by deception.
Police allege he deliberately torched his vehicle after reporting it stolen in December 2011, so he could claim compensation from his insurer - NRMA.
Relieving police prosecutor Sergeant Phil Donato told relieving magistrate Michael Allen he had only seen the file on the case for the first time yesterday morning and asked for a further adjournment.
“I wasn’t informed about this matter until this morning and I just simply haven’t had time to sufficiently prepare so it can be run in a professional manner,” he told the court.
Davis’s solicitor Stuart Bouveng representing the accused along with his colleague Andrew Rolfe, successfully applied to the court for compensation of $3650 against the crown after opposing the case be rescheduled to a later date.
Mr Donato agreed to the compensation payment saying he had no objections.
The case has already been before Orange Local Court on several occasions in the lead-up to the hearing including March, April, May and June prior to yesterday’s listing.
Mr Allen told the prosecution and defence legal teams the case is now a priority to go to a hearing in early March which was the first available date for the hearing which is expected to take a day.
The court had earlier suggested January for the hearing into the matter, however the defendant told the court he was getting married in the second week in January and would be away on his honeymoon three weeks after the ceremony.
Several witnesses will be called at the hearing including a man and a woman who are in custody and will have to appear via audio visual link, and an investigator for the NRMA insurance company.