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During that time the magistrate twice adjourned the case after the defence, who originally argued the case should be thrown out on the grounds the ABCC had not correctly begun the prosecution – as the proper authority did not exist.
Lawyers for the Commonwealth DPP contested the argument and the magistrate moved for an adjournment. Both sides made written submissions on the matter.
The magistrate conceded that although the proceedings were vaildly brought by the defence, he asked that the case continue as planned.
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