The trial of a group of men who are alleged to have kidnapped Stuart MacGill from outside his Sydney home has been delayed after the former spin great was charged with drug offences.
A group of men – Frederick Schaaf, Richard Schaaf, Elijah Schaaf, Marino Sotiropoulos and Vaeluagaomatagi Feilo – were due to face a District Court trial beginning on October 23.
All have pleaded not guilty to their alleged roles in kidnapping Mr MacGill from outside his Cremorne apartment in April, 2021.
The five men are set to face trial after Mr MacGill was allegedly taken to a property at Bringelly in southwestern Sydney where he was assaulted, threatened with a gun and demands were made for money.
It has been alleged the incident was related to a drug deal gone wrong, the court has previously heard.
Mr MacGill was allegedly held for an hour before being driven to Belmore where he was released and allowed to get into a cab.
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In September, former Test great MacGill was charged with taking part in a large-scale cocaine deal.
Detectives arrested Mr MacGill, 52, at Chatswood Police Station, where he was charged with knowingly taking part in large-scale commercial drug supply.
Mr MacGill was granted conditional and is due to make his first appearance at Manly Local Court on October 26. He has yet to enter a plea.
The Downing Centre District heard on Wednesday that Crown prosecutor Emma Blizard had applied for the alleged kidnappers’ trial date to be vacated because Mr MacGill’s proceedings had yet to be finalised in the Local Court.
“Are you suggesting to me that the proceedings involving Mr MacGill in the Local Court are so separate from this matter, that his trial should be heard – given we’re talking about August 2024 at this stage – before we even embark on a trial against these accused,”Acting Judge Graeme Henson said.
Ms Blizard asked that the matter be adjourned until January so “more is known” about Mr MacGill’s matter.
The only opposition to the trial date being vacated was heard from lawyers acting for Elijah Schaaf, who remains in custody bail refused.
The matter was further complicated because a USB, which held a Cellebrite download of Mr MacGill’s phone, was “missing” after being “lost” by police, a solicitor acting for Richard Schaaf told the court.
Judge Henson resisted applications for the trial to be pushed back until after Mr MacGill’s proceedings had been finalised, noting that should the cricketing great go to trial it might not be until October next year.
The matter will return to court in November to fix a new trial date with Judge Henson also agreeing to vary the bail conditions of Richard and Frederick Schaaf.
https://thewest.com.au/news/twist-for-men-accused-of-kidnapping-stuart-macgill-c-12175512 Twist for men accused of kidnapping Stuart MacGill