The trial of former Access Brokerage boss Peter Marshall may be delayed yet again.
Marshall and his lawyers have applied for an adjournment on health grounds of his October 29 trial on fraud charges related to the collapse of the discount sharebroking firm almost three years ago.
Marshall,60, of Silverstream in the Hutt Valley, faces 14 Serious Fraud Office charges of false accounting and making false statements.
The charges were brought after Access collapsed in September 2004 owing clients almost $5 million.
Yesterday, Marshall's lawyer Lance Pratley applied for an adjournment, saying various medical problems including a series of strokes had left his client too ill to mount a defence or even recall events.
"His memory has been badly compromised, badly affected," said Pratley.
Marshall appeared in court yesterday, sitting in the public gallery and carrying a walking stick.
Two medical reports were presented to Judge Ian Mill, who said that if Marshall was as disabled as Pratley indicated, his trial would need to be stayed rather than adjourned.
However, given that there was currently no application for a stay after an earlier one was withdrawn, Judge Mill said he would either order that the trial to proceed or adjourn it to allow consideration of a new application for a permanent stay.
Judge Mill reserved his judgment and Marshall was remanded on bail in the interim.
