Ben Aulich: magistrate rejects bid for undercover docs

Defence lawyers for Ben Aulich have lost their bid to access a document which authorised an undercover investigation which led to him being charged with conspiracy and recruiting others to commit crime

A magistrate has blocked the legal team for high-profile lawyer Ben Aulich from accessing police documents which authorised an undercover investigation that led to his arrest in 2020.

In his decision Magistrate Michael Crompton told the court he was not satisfied the defendant had provided a legitimate forensic reason for accessing the documents.

“(The subpoena) is nothing other than a fishing expedition,” Mr Crompton said before ordering the subpoena to be set aside.

The documents in question authorised an eight month undercover investigation that led to the arrests of Mr Aulich and co-accused Michael Anthony Papandrea.

Mr Aulich, the 49-year-old founder-partner of the Aulich law firm, is charged with conspiracy and recruiting people to engage in criminal activity.

His co-accused, accountant Michael Anthony Papandrea, is charged with conspiracy.

Both men pleaded not guilty to all charges.

The lawyer was arrested in December 2020 following an undercover police investigation into organised crime.

Ben Aulich (right) and partner Erin Taylor arrive at the ACT Law Courts. Picture: Julia Kanapathippillai

Last year the court heard most of the evidence against Mr Aulich were secretly recorded conversations between and an undercover cop who posed as gangster “Alex Terosian”.

The undercover cop posed as a client of the firm.

Mr Crompton, a NSW magistrate who was brought in to the ACT for the case due to Mr Aulich’s prominence status in the ACT’s legal community, reserved his decisions on both matters when the case was last heard in February.

Mr Aulich was grinning ear to ear when he arrived at the ACT Law Courts on Tuesday accompanied by his partner Erin Taylor and his business associates.

The high profile lawyer’s bail will continue and he is expected to return to the ACT Magistrates Court in June.