Carly Allen, James Mau’u face committal proceedings in Southport court
A counsellor and a bikie accused of agreeing to lie in a court report have learned whether they will face trial in a higher court. Read the latest here.
Police & Courts
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A counsellor and a bikie accused of agreeing to lie in a court report have been committed to stand trial.
Carly-Lee Allen, 41, and Mongols bikie James Winston Mau'u, 25, each face one charge of attempting to pervert the course of justice.
It is alleged the pair planned to lie about Mau'u's attendance at counselling in a report filed during the man's sentencing in Southport District Court, after he bludgeoned another man with a metal weight plate at an Upper Coomera gym.
Southport Magistrates Court was told last week in the first part of the pair's committal proceedings that Allen allegedly lied in the first paragraph of her report. It's alleged in that paragraph she said Mau'u attended weekly counselling sessions from November 5, 2020, totalling 38 hours.
Defence counsel for both co-accused argued there was no case against their clients in last week's proceedings, claiming there was no evidence Mau'u had not completed the stated 38 hours.
It was not an argument accepted by Magistrate Veena Goverdhan, who said on Friday text messages and a phone transcript between the pair allegedly portrayed a first meeting in March, 2021, followed by somewhat irregular appointments.
Magistrate Goverdhan said the texts and transcript also allegedly documented Mau'u agreeing to several of Allen's suggested lies - including that she report he lived with his partner, when she knew it to not be the case.
"Allen's report (allegedly) led Mau'u's solicitor in the District Court sentence, Mr (Michael) Gatenby, and the District Court to understand and believe and proceed with sentencing that the matters set out in paragraph 1 of Allen's report were accurate," she said.
It was heard Mr Gatenby said in a separate court proceeding that Mau'u had not seen the report.
Allen is on bail and Mau'u will be remanded in custody.
Their matter is due to proceed before Southport District Court in the coming months.
The Mongols bikie, the counsellor and their text messages
A counsellor accused of lying in a court report to help a bikie being sentenced for a brutal assault has again denied the allegations ahead of a major decision in the case.
Carly-Lee Allen, 41, and Mongols bikie James Winston Mau’u, 25, appeared in Southport Magistrates Court on Wednesday for their committal proceedings.
Both are charged with attempting to pervert the course of justice.
It is alleged the pair planned to lie about Mau’u’s attendance at counselling in a report filed during the man’s sentencing in the Southport District Court, after he bashed another man with a metal weight plate at an Upper Coomera gym.
Police prosecutor Greg McKenzie said Allen allegedly lied in the first paragraph of her report, in which she said Mau’u engaged in weekly counselling sessions beginning on November 5, 2020, totalling 38 hours paid at Mau’u’s own expense.
Sgt McKenzie said phone transcripts allegedly documented a “brief introduction” on March 4, 2021, before what he claimed was the pair’s first counselling session on April 13.
Small parts of the April transcript were read aloud throughout proceedings, in which Allen allegedly offered to backdate Mau’u’s attendance at weekly sessions with her.
“So if by any chance (defence lawyer Michael) Gatenby ... says ‘Oh look, we’re going to go in a week or two weeks or something like that, we’ll backdate counselling for, you know, however long we can,” was read to the court.
“Any doctor or anybody you speak to about that, just say you were seeking counselling on a weekly basis with me.”
He told the court text messages between Mau’u and Allen allegedly showed the pair had completed only a handful of sessions by May, 2021.
He said Mau’u texted Allen on May 6: “Hey Carly, just transferred (money) for the first two sessions. Are you still on for this arvo?”
The court was told Allen allegedly replied saying their fortnightly session was not until the following week.
Allen’s defence barrister Justin Thomas said it should instead be decided there was no case against either of the accused, claiming there was no evidence that Mau’u had not completed the stated 38 hours of weekly counselling sessions.
“If there’s no evidence of that, then there simply cannot be a prima facie case of an attempt to pervert justice on the part of either defendant,” Mr Thomas said.
“It really is, in my submission, as simple as that.
“Just because (the prosecution) say an inference could be drawn that (Mau’u) had not been engaged in sessions with Ms Allen, that just doesn’t get there – it falls well short.”
Mau’u’s defence lawyer Michael Gatenby claimed there was also evidence his client had engaged with Headspace and an anger management course by the time he spoke with Allen.
He said Allen’s words of support should be seen as her trying to build a rapport with Mau’u, and questioned why her records were not included in the prosecution evidence.
Allen spoke briefly with reporters as she left the Southport courthouse, again refuting the allegation that she lied in her report. Mau’u remains in custody
Magistrate Veena Goverdhan reserved her decision until July 14.
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