Roger Rogerson and Glen McNamara trial delay: barrister may face contempt
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Version 0 of 1. Accused murderers of Jamie Gao, Roger Rogerson and Glen McNamara, will no longer face trial this year, after it was revealed McNamara’s barrister Charles Waterstreet may face contempt charges. The murder trial involving the pair was abruptly cut short last month after Waterstreet concluded his opening address to the jury. Justice Geoffrey Bellew on Friday said Waterstreet, who was representing McNamara, had since withdrawn from the case over two posts on Instagram and Twitter that were brought to the court’s attention on 11 August. The first was a photograph of Waterstreet and another person posted on an Instagram account which Bellew said appeared to be held in the barrister’s name. Related: Roger Rogerson and Glen McNamara plead not guilty to murder of Jamie Gao The photograph, taken just outside the court, was accompanied by a caption, which Bellew said was not to be republished as it would prejudice the rights of one of the accused to a fair trial. This caption had also been repeated on a Twitter account, also in Waterstreet’s name, the court heard. After the matter was raised, Waterstreet withdrew from the case, leaving his client McNamara without representation. Bellew said he was now given no option but to vacate the trial set down for next week and list it for next year. This would allow McNamara time to find new legal representation. “I have no doubt that given a choice in the matter both accused would wish this trial to continue,” Bellew said. Related: Jamie Gao murder trial: Rogerson and McNamara jury discharged “But for the reasons I have given and the events to which I have referred, it simply renders that impossible.” Bellew conceded the move would come at considerable public expense. “To say the vacation of the trial is unfortunate would be a gross understatement.” Bellew referred the Waterstreet matter to a supreme court registrar, who will take advice as to whether proceedings of contempt should be taken. Waterstreet has denied being responsible for the posts. Rogerson and McNamara have pleaded not guilty to the murder of Jamie Gao, who was allegedly shot in a Padstow storage shed on 20 May last year. Former NSW attorney general Greg Smith SC appeared on Friday on behalf of McNamara as a prospective counsel. |