Peter Marshall, the man in charge of Access Brokerage when it collapsed owing millions of dollars in 2004, was yesterday given until November 5 to front up with evidence as to why he should not be tried.
Marshall, 60, of Silverstream in the Hutt Valley, faces 14 Serious
Fraud Office charges of false accounting and making false statements before the collapse of Access Brokerage in September 2004.
The discount brokerage collapsed with a $3.9 million shortfall in client accounts.
Marshall suffered a stroke last June and proceedings in the case have been repeatedly delayed due to his ill health.
Yesterday Marshall's lawyer applied for an adjournment, saying his client was too ill to mount a defence. Medical reports from two doctors were presented to Judge Ian Mill.
Defence counsel Lance Pratley said Marshall had been taken to hospital on six separate occasions this year. A part of his brain that affected memory had been damaged by the stroke, he said.
Marshall also had heart and kidney problems, and was at risk of further strokes, Mr Pratley said.
A neurosurgeon who had also examined Marshall had said there was a 75 per cent chance of the trial being disrupted on medical grounds.
Mr Pratley said his client did not clearly recall events during the period the charges related to.
For the Crown, Kristy McDonald, QC, told the court the medical evidence did not meet the high threshold that needed to be met in order for proceedings to be stayed.
Judge Mill in his decision set a timetable for Marshall to apply for a stay if he thought he could get one.
Ms McDonald said Judge Mill had put the trial off in the meantime.
"He's said by November 5 Marshall has got to front up with any evidence that might justify the thing being deferred permanently."
- NZPA
