ACT court rejects Ben Aulich's, Michael Papandrea's bids to cross-examine police before trial

Aulich and accountant Michael Papandrea allegedly conspired to help an undercover police officer buy a supermarket to launder $100,000 cash purported to be from the illegal import of cigarettes.

Both defendants have pleaded not guilty to a charge of conspiracy to commit money laundering. Aulich also denies a charge of recruiting Papandrea to engage in criminal activity.

Special Magistrate Michael Crompton rejected the defendants' applications in the ACT Magistrates Court on Monday to cross-examine witnesses during a contested committal hearing before trial, with the magistrate finding they could be questioned at trial instead.

The witnesses included undercover police officers involved in the sting.

"It is unlikely the cross-examination would lead to the discharge of the defendant or substantially undermine the credit of the witnesses," he said.

The magistrate also found the cross-examination would not significantly alter or shorten the trial in the ACT Supreme Court.

Aulich, 49, and Papandrea, 56, had applied to cross-examine undercover officers before the case goes to trial to challenge the admissibility of covert recordings and the validity of a "major control operation", which was conducted over the course of about eight months in 2020.

The defendants argued it was in the interest of justice and the questioning would determine whether the Australian Federal Police had lawfully conducted the sting.

The defence also claimed Aulich had been targeted by police and the court needed to consider the likelihood of inducement.

The court heard the defence wanted to question one witness' understanding of entrapment and the impact this might have had on the undercover operation.

The sting involved an undercover officer, calling himself "Alex Torosian", posing as a client of Aulich's self-titled law firm and claiming to be a criminal involved in the illegal importation of cigarettes.

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Police allege Aulich and Papandrea conspired with the undercover officer to buy a supermarket for the purpose of laundering a "wardrobe full of f---ing cash" from the fictitious tobacco venture.

The court heard the undercover police officer first contacted Aulich's law firm to provide legal advice on May 8, 2020, but was told he was not in the office.

Police claim he then contacted Aulich several days later before meeting in person on May 14, 2020. It was said Aulich allegedly asked the officer to think of "a plausible explanation" to give the AFP for the cash.

The court heard Aulich had allegedly said to the officer "lay low and be wary of any new customers".

The case was adjourned to February 6 with the defendants excused from appearing if legally represented.

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