A MAGISTRATE has refused a Tamworth publican's bid to have indecency licensing charges and intimidation offences dealt with under the Mental Health Act.
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The Imperial Hotel owner and former licensee Michael Foxman will have his charges heard according to law after his application to have the charges dismissed under the act was rejected.
Foxman, who is prohibited from entering Tamworth unless for court, tendered evidence in Tamworth Local Court in support of his application but it was ultimately rejected by magistrate Peter Thompson, who ruled in favour of the prosecution.
The prosecution had earlier maintained the charges were serious and should be dealt with according to law. Mr Thompson found the allegations were serious breaches by a publican with responsibilities.
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One count of a licensee permit indecency on a licensed premises, as well as two counts of intimidation were adjourned to September to set a sentence date.
He had earlier pleaded guilty to those charges in March, but has denied the other allegations against him.
He's accused of two charges of acting with intent to influence a witness, as well as two counts of doing an act with intent to pervert the course of justice - which were allegedly committed in September and January.
Those charges have now been adjourned to September where a hearing date will be set in Tamworth court.
It's expected those charges will be heard at hearing before the end of the year.
In March, Mr Thompson said he had concerns about the intimidation charges being dealt with under the Mental Health Act because the two complainants were employed by Foxman.
"These types of offences are almost invariably in circumstances where someone believes they are going to face a custodial sentence and action is taken," he told the court at the time.
Foxman pleaded guilty to development not according to consent in the hotel between 7pm on June 14 and 12:30am on June 15.
In March, his solicitor said Foxman put chairs in a part of the room he "wasn't supposed to" during an event.
Foxman remains on conditional bail.
As part of the bail, Foxman has to live in Bondi with family; and must not contact witnesses in the case or any current or former employees of the Imperial Hotel, except his mother or sister, who can run the hotel.
He also had to forfeit his passport; must not approach any departure point; and must not re-enter Tamworth unless for court.
Foxman is prohibited from using any social media whatsoever; must give police all his business mobile numbers and email addresses; provide $2000 surety; and had to have another person post $5000 in surety to secure his release.
In March, police dropped two charges against Foxman, including influencing a witness and failure to comply with requirements at the licensed premises.
Breanna Chillingworth
Northern Daily Leader Senior Crime and Court Reporter
Northern Daily Leader Senior Crime and Court Reporter
