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Fraud charges against former Access Brokerage chief executive Peter Marshall may never be heard as his lawyers yesterday confirmed they are seeking a stay on medical grounds.
Marshall, 60, was to have been tried this year on 15 charges brought by the Serious Fraud Office in relation to the collapse of Access two years ago.
The trial was postponed because he suffered a series of strokes and was too ill to instruct his lawyers.
Yesterday at a brief hearing in Wellington District Court at which two specialist reports on Marshall's fitness to stand trial were to have been considered, defence lawyers Lance Pratley and Sandy Baigent said they wished to apply for a stay.
Judge Ian Mill gave them until December 20 to lodge the application and until January 17 to submit further evidence including another specialist medical report. It will be considered on February 5.
The SFO alleges that Marshall used client funds to prop up Access for some years before the firm eventually failed in late 2004, leaving clients $5 million out of pocket. It has charged him with 14 counts of false accounting and one of intent to obtain by deception.
