Amid one of South Australia’s largest legal operations, top Adelaide defence lawyer David Edwardson KC requested that Magistrate John Clover step aside from hearing the AN0M matter of his client, Michael Theoharis, 29, of Paradise, who is seeking home detention bail.
Edwardson argued that Clover’s prior role as a senior Commonwealth prosecutor in AN0M-related cases made it inappropriate for him to oversee Theoharis’ bail application.
“Your Honour was the commonwealth DPP in a number of AN0M matters; and in those circumstances, having been the key senior prosecutor within the commonwealth, in my submission it would be inappropriate for Your Honour to deal with my matter,” Edwardson told the court.
He emphasised the sensitivity of AN0M prosecutions, noting, “We’re talking about you holding a senior position as a prosecutor, determining one way or another whether my client should or should not get bail. My client is entitled to make an application if he perceives – or I perceive – that there is a reasonable apprehension of bias in Your Honour determining or resolving that question.”
Magistrate Clover, who served 12 years with the Commonwealth DPP, questioned the claim, asking, “To cause a reasonable apprehension of bias in simply a bail application?” On Wednesday, he denied the request to step aside but ordered a home detention report.
Theoharis, charged with 21 counts of drug trafficking, including large commercial drug trafficking, remains in custody and is due back in court next week. He has not entered any pleas.
The hearing is part of the ongoing statewide AN0M sting, Operation Ironside, which has seen dozens of South Australians, including former SANFL players, business owners, and junior sports coaches, face charges after the encrypted app AN0M, created by the AFP and FBI, was used to monitor criminal activity.
Source: The Advertiser.
