James Hachem asks to postpone Samah Baker murder trial over Covid concerns
James Hachem’s legal team has told a court he will be unable to pay for a “second shot” if his murder trial collapses due to a Covid complication.
Police & Courts
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A Sydney man charged with killing his “friend with benefits” has asked a court to postpone his murder trial due to Covid.
Hurstville Grove man James Hachem, 35, has pleaded not guilty to murdering his on-again, off-again lover Samah Baker in January 2019.
Hachem — who has grown out his beard, moustache and black wavy hair to his shoulders — rested his chin on his hands and stared blankly via video link from Silverwater Jail where he is on remand throughout the Supreme Court hearing on Thursday.
The court heard the eight week trial set to start on Monday, July 12, would be delayed until the following Monday due to the lockdown.
But Hachem’s Barrister Daniel McMahon told the court he had been instructed by Hachem to vacate the trial date altogether and relist it at a future date.
He told the court his client was concerned he would be unable to afford private legal representation for a second trial, if the first trial fell over due to the Delta outbreak.
“There is a real risk of disruption to the trial brought on by the pandemic. Any exposure that any juror might receive prior to being notified and coming to court...,” Mr McMahon told the court.
“There simply isn’t sufficient funding on the part of my client to have a second shot, if we end up in a situation which is complicated by Covid considerations. My instructions are to regrettably ask your honour to vacate the existing trial.”
Crown prosecutor Fiona Gray opposed the application.
“Taking in account the interest of the community and the victim‘s family...the position is if the courts are in a position to run the trial, then the trial should proceed,” Ms Gray told the court.
Justice Robert Allan Hulme QC told the court he would deliver his decision on the application at midday on Friday.
Ms Baker’s body has never been found.
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