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Former Access Brokerage managing director Peter Marshall's health would suffer further during a three week trial on fraud charges and he is unable to remember much of what took place around the time of the alleged offences, the Wellington District Court was told yesterday.
The court was hearing Marshall's application for a permanent stay on medical grounds on 14 Serious Fraud Office charges of false accounting and making false statements. The offences are alleged to have been committed in the period leading up to Access' collapse in September 2004. The firm owed clients $3.9 million.
Marshall's trial has been postponed several times due to his ill health. He suffered a serious stroke in June last year.
Evidence considered by Judge Ian Mill included reports from three doctors, including Massey University neuropsychologist Professor Janet Leathem.
Marshall's lawyer Lance Pratley referred to parts of Leathem's report saying his client was suffering from some impairment as a result of his medical condition.
Leathem had found Marshall, 61, of Silverstream, Upper Hutt, did understand the nature and extent of the charges, could engage in discussions about them and advise his legal representation.
But he had difficulty remembering the events due to time and did not have access to all relevant material.
Leathem said Marshall would find the three-week trial extremely tiring, which would severely compromise his functioning later in the day and after several days could impact on his physical health.
Nevertheless she said Marshall could follow the evidence if it was presented at a reduced rate and he was given the opportunity to clarify information.
For the Crown, Kristy McDonald QC said Marshall's impairment did not meet the standard required for a stay to be granted and the application was "about Mr Marshall not wanting to face up to the fact that he should stand trial".
Judge Mill reserved his decision until December 4, and remanded Marshall on bail.
