Alan Jones’ defence team has abandoned a push to delay his indecent assault and sexual touching trial as he is “anxious to have his day in court”.
Last week, Local Court Judge Glenn Walsh said the former broadcaster’s lawyers had filed a motion seeking either a temporary halt in the proceedings, known as a stay, or an order that certain evidence from devices seized from the former broadcaster’s apartment was inadmissible in the trial slated to start on August 3.
The motion sought a stay “until the Office of the Director of Public Prosecutions identifies by reference to items, dates and times the data from devices seized on 18 November 2024 from the accused’s home that is relied upon”.
However, as pretrial arguments continued on Monday, defence barrister Gabrielle Bashir, SC, told Downing Centre Local Court they would no longer press ahead with the motion, saying the issue could be dealt with in the trial.
“In relation to the devices … the prosecution are declining to identify the subject matter,” Bashir said.
“That is something that will be able to be dealt with in the case of proceedings. So your honour, it’s not our intention to move on that motion, which also was always a stay in relation to identification of the evidence.”
Bashir said Jones was “anxious to have his day in court”.
“We want to start on August 3. I think all of the parties are moving for that to happen.”
Jones has pleaded not guilty to 22 charges of indecent assault and sexual touching relating to six complainants spanning from 2003 to 2020.
The 85-year-old is accused of committing the 22 crimes at his harbourside apartment, his farm at Fitzroy Falls in the Southern Highlands, and a lower north shore restaurant, among other venues in Sydney.
In a pretrial decision last week the judge ruled in favour of the Crown and will allow prosecutors to rely on types of circumstantial evidence known as tendency and coincidence in the trial.
Prosecutors will seek to prove Jones engaged in a pattern of behaviour when acting on his alleged sexual interest in “significantly younger” men.
But the judge made clear Jones “has the presumption of innocence” and “it is the prosecution that bear the onus of proof throughout, beyond reasonable doubt, for each element of each offence as charged”.
The Crown expects to call 76 witnesses but that number could grow, the court earlier heard.
Strike Force Bonnefin was established to investigate the former teacher and Wallabies coach following a major investigation by The Sydney Morning Herald and The Age.
Jones’ trial is scheduled to run from August 3 until potentially December.
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.