Athyrio, here's what appeared in the Courier Mail on the 19th...

Athyrio, here's what appeared in the Courier Mail on the 19th August 2008.

Title:
Scott faces new charge
Authors:
Greg Stolz
Source:
Courier Mail, The (Brisbane); 19/08/2008
Edition: 1 - First with the news
Section: Finance, pg. 026

PROSECUTORS have asked for a new criminal charge to be laid against Gold Coast businessman Chris Scott after a Magistrate yesterday threw out the initial charge.

Scott, the executive director of embattled finance and tourism group Octaviar (formerly MFS), faced Southport Magistrate's Court charged with attempting to provide an official with a false or misleading document.

Scott was charged following a lengthy investigation by the Office of Fair Trading into allegations of multimillion-dollar rip-offs in the Gold Coast holiday lettings industry.

The OFT has also laid almost 3000 charges against a company that was associated with Scott, Driftcove Pty Ltd, which managed luxury Broadbeach apartment building The Phoenecian.

The charges, which carry potential fines of $44 million, centre on allegations holiday unit owners were slugged with hidden commissions and inflated service charges.

Driftcove was a subsidiary of listed tourism company S8 which was swallowed up by MFS two years ago.

Scott, who has publicly proclaimed his innocence, arrived at court yesterday with a high-priced legal team including top Sydney barrister Bret Walker, SC, and celebrity Gold Coast lawyer Chris Nyst.

Outlining the criminal charge against Scott, prosecuting barrister Michael Byrne, QC, said the OFT had asked Scott's company World Tourism for documents relating to S8. World Tourism director Paul Whitehead had provided the documents which Scott allegedly admitted during a taped telephone conversation with Whitehead, were falsified.

Mr Walker successfully argued that attempting to provide an official with a false or misleading document was a charge ``not known to law''.

``This was never going to succeed from day one,'' magistrate Brian Kilmartin said.

Mr Byrne then asked Mr Kilmartin to amend the charge to one of giving a false or misleading document to an official, which carries a maximum penalty of two years' jail and a $15,000 fine.

Mr Walker said Mr Kilmartin did not have the power to make such a ``radical change'' to a charge that had already been dismissed.

The magistrate reserved his decision.