Rob and Rebecca Allan: East Lismore bushfire fraud accused hearing set to be delayed

A couple accused of attempting to rip off the government through fraudulent bushfire grant assistance - allegedly inflating the number of cattle affected - may have to wait longer to clear their names.

East Lismore couple Stuart and Rebecca Allan.

An East Lismore couple accused of fraudulently claiming $75,000 in bushfire grant assistance may have to wait a little while longer for the opportunity to clear their names in court.

Stuart Rob Allan, 36, and Rebecca Jane Allan, 35, returned to Lismore Local Court on Tuesday after previously pleading not guilty to a slew of bushfire fraud and weapons charges after allegedly trying to obtain financial advantage by exaggerating the size of their cattle herd affected by bushfires in the Casino region in 2019.

The prosecutor told the court in several documents, including a claim to the rural assistance authority, the couple had more than 1900 head of cattle.

He said the value of the attempted deception was more than $2m. The court heard, however, that only 38 cows were found dead.

The Allan’s barrister Harry Maarraoui told the court the $2m figure was “pulled out of the proverbial”.

Rebecca and Stuart Allan leave court.

In court on Wednesday the defence legal team objected to allowing interstate witnesses to appear by videolink and being provided the list of prosecution witnesses appearing on videolink at the “11th hour”.

Allan’s lawyers also objected to two witnesses who the court heard were agisting about 200 head of cattle for the Allans and were to appear by videolink from a Charleville, Queensland property.

Police arrested the husband and wife in East Lismore over alleged bushfire fraud offences in 2019.

Stuart Rob Allan.

Mr Maarraoui told the court the prosecution witnesses had provided lengthy statements and reports, which included conversations of the number of cattle lost in the fire.

He said it was impractical, during cross examination, to take the witness through these documents via videolink.

The prosecutor told the court, in relation to availability of witnesses, that senior constable Sam Martin was the new officer in charge of the case and all witnesses had been subpoenaed four to five weeks ago.

He told the court there were issues with travel for the witnesses, but they were available and ready to provide evidence via videolink from other courthouses.

Magistrate Michael Dakin said, in granting the application for witnesses to appear by videolink, that it had been an acceptable use for the past 30 years and has been used in criminal trials.

“Regarding the unfairness it denies face-to-face confrontation of the witnesses,” Mr Dakin said. He accepted “on the face of it” being a late submission it is unfair and granted the application.

The Allan’s legal team objected to evidence and affadavits being relied on in relation a former police officer connected to the case, who is now employed by the accused couple’s insurer.

The magistrate, who has not yet ruled on the defence application, adjourned the proceedings to 2pm Thursday in relation to rescheduling the hearing and costs.

Mr Allan yelled at the court: “It’s been four years already, do we have to wait four more?”