Ben Aulich launches two legal applications in fight against charges

Former top lawyer Ben Aulich has launched two legal applications as part of his fight against his charges for an alleged illegal cigarette conspiracy.

Also, as part of his co-accused’s own battle against his charge, his lawyers may cross-examine some of the undercover police officers involved in the investigation.

Mr Aulich and his co-accused, accountant Michael Anthony Papandrea, did not appear in the ACT Supreme Court in person for a mention of their matters on Wednesday (27 November).

The court heard the former lawyer had filed an application to argue whether or not the offence he has been charged with is an offence that is known to law.

He has also filed another application seeking a stay of the legal proceedings due to the alleged unlawfulness of the investigation, and he has asked for a judicial review of a magistrate’s decision to commit him to the higher court.

Both of these will be argued before the court on 13 December.

Mr Papandrea may join these proceedings as his lawyers have said they wanted to cross-examine two or three of the undercover police officers involved in the investigation.

The applications for his matters will go before the registrar to find a two-day hearing on 11 December.

Mr Aulich, 51, and Mr Papandrea, 57, were both charged with conspiracy, while the former was also charged with recruiting people to engage in criminal activity in the alternative.

The pair, who are on bail, were committed to the Supreme Court for trial in August.

Posing as a person called ‘Alex Torosian’, an undercover police officer sought legal advice from Mr Aulich as he claimed police had seized $100,000 in cash from him, also allegedly telling the lawyer that the money was the result of him importing illegal cigarettes from China to Sydney, documents previously tendered to the courts said.

It is alleged Mr Aulich offered to represent Mr Torosian and had police return the money to him, then also offered to help him launder both this $100,000 and the money he earned each month from illegal cigarettes.

Mr Aulich introduced Mr Torosian to Mr Papandrea, then the two allegedly came up with a scheme in which Mr Torosian would buy a supermarket to be partly paid for in cash. Mr Torosian would then allegedly be able to launder the proceeds of crime through the business.

Mr Aulich was the founding partner of the firm that bore his name, Aulich, but in July 2024, his firm announced that he was no longer employed as a partner after the ACT Law Society did not renew his certificate.