Lola’s Pergola owners abandon bid to fight charge for allegedly breaching coronavirus restrictions

The owners of popular nightspot Lola’s Pergola could be in the gun for more than $62,000 for breaching coronavirus regulations after abandoning an attempt to contest an on-the-spot fine.

Lola's Pergola owner Matt Mulga at the Cullen Bay nightspot in happier times.

• Lola’s Pergola owners contest COVID fine in court

THE owners of popular nightspot Lola’s Pergola could be in the gun for a maximum $62,800 fine for breaching coronavirus regulations after abandoning an attempt to contest an on-the-spot fine.

Kitty and Matt Mulga were handed a $5495 fine by police in May after they were issued two warnings over eight days for allegedly ignoring social distancing rules put in place for venues in response to the pandemic.

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Mr Mulga appeared in the Darwin Local Court on Monday where he had previously opted to fight the charge, telling judge Greg Cavanagh he’d now changed his mind.

“We’ll pay the fine, we’re not interested in having our photo in the NT News again about this matter,” he said.

Mr Cavanagh suggested with a wink in Mulga’s direction that prosecutor Erin McAuley might consider allowing him to go away and pay the on-the-spot fine and then withdraw the charge.

But Ms McAuley said that was unlikely to fly with police “given they were given numerous warnings in relation to it”.

“I can consider it but it’s going to be unlikely, I would have thought, given the instructions I have,” she said.

Mr Cavanagh adjourned the hearing until October 12 so Ms McAuley could take further instructions on whether to continue the prosecution.

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“I can’t tell them what to do and it is a matter of instructions for the prosecutor but in these unusual times I would have thought a compassionate view would be appropriate,” he said.

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