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Australian Broadcasting Corporation
Broadcast: 01/09/2011
The trial of Liberal Senator Mary Jo Fisher could be thrown out if defence lawyers succeed in challenging evidence from a key witness.
Transcript
TONY JONES, PRESENTER: Lawyers for federal Liberal Senator Mary Jo Fisher have challenged a key witness in her trial on charges of shoplifting and assault.
If the challenge is successful, the case could be thrown out of court.
Loukas Founteen reports from Adelaide.
LOUKAS FOUNTEEN, REPORTER: Mary Jo Fisher remained silent as she pushed her way through a throng of media outside the Adelaide Magistrates Court.
Prosecutor Brendan Bay opened the trial by saying the senator took more than $90 worth of fruit, vegetables and cheeses from a supermarket at Frewville in Adelaide’s eastern suburbs last December.
The court was told Fisher had been reported by police and then returned to the store two hours later to pay for the items.
It also heard security vision of the incident no longer existed because it had been recorded over.
In her evidence, security officer Cathryn Groot said she’d watched as Fisher placed several items in her personal trolley and then only put some of those through a check-out. Ms Groot said when she approached Fisher, the senator had pushed her twice and repeatedly shut her arm in her car door.
CATHRYN GROOT, SECURITY OFFICER (male voiceover): “Ms Fisher said, ‘I’m very sorry, miss. I can’t do this. Is there any other way to resolve this?’ I told her there wasn’t.”
Earlier, police told the court a representative of the senator had approached both Ms Groot and the supermarket and within two days of the incident, they’d asked police not to pursue the charges. The magistrate ruled that evidence wasn’t relevant in deciding the charges.
Defence lawyer Michael Abbott QC denied the prosecution claim. He argued Ms Groot’s evidence should be ruled inadmissible because she’d acted beyond her authority as a restricted security officer and could incriminate herself.
The matter has been adjourned until next week to allow police to consider the issue.
Loukas Founteen, Lateline.
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