Defamation lawyer Rebekah Giles contacted the publications on Sunday ahead of broadcast with a statement from Mr Papas in which he claimed to have not been given an opportunity to defend himself.
“I have been deprived of the opportunity to fund any meaningful engagement with federal proceedings commenced by a well-resourced financial institution,” Mr Papas said through Ms Giles’s law firm.
The Federal Court issued an arrest warrant for Mr Papas last year after he missed court deadlines,breached freezing orders and displayed no intention of returning to Australia. Justice Michael Lee said Mr Papas was “no longer playing an active role in the case” and that he hoped the extradition process had not been put in the “too hard basket”.
“I noted with some degree of bemusement that it was suggested by a solicitor apparently acting on behalf of Mr Papas that he had been deprived of the opportunity to meaningfully engage with the Federal Court proceedings when in fact ... Mr Papas did not seek to challenge the evidence,” he said.
Westpac’s lawyer,Jeremy Giles SC,said he had engaged with law enforcement about the extradition and arrest warrant and agreed Mr Papas had been involved in the court process. “Not only that,since then,Your Honour has made orders to ensure Mr Papas,the events that are happening in these proceedings are brought to his attention.”
The joint media investigation also revealed girlfriend Louise Agostino remains in Greece with Mr Papas after she left Australia last July. Westpac added Ms Agostino to its case in December,alleging she was part of a conspiracy to defraud the bank while working at Mr Papas’ firm Forum Finance.
Ms Agostino’s lawyer,Robert Ishak,told the court on Thursday she intends to defend herself against all charges and will travel to Australia for the October hearing,or be cross-examined remotely before then. “I assume it would not be a problem if it were via video conference,” Mr Ishak said.