Lawyers for federal Member for Solomon Luke Gosling are calling for assault charges against him to be dropped, arguing there is "insufficient evidence to support the charges" and that a key witness statement has "all the hallmarks of confusion or collusion".
The Labor MP did not appear in person when the case was briefly heard today in the Darwin Local Court, where he is facing two counts of assault over an incident involving Northern Territory Administrator David Connolly at the NT Thailand Grand Festival in July.
Last month Mr Gosling was also charged with breaching his bail conditions, which ban him from coming within 50 metres of NT Government House and require him to give Mr Connolly's office 48 hours' notice before attending an event where the two may be present.
The NT administrator serves as the Crown's representative in the Territory, in a vice-regal role equivalent to a state governor.
Mr Gosling strenuously denies the allegations and has vowed to fight the charges.
Today, defence lawyer Marty Aust SC told the court his team would be asking newly appointed prosecutor Sophie Callan SC to drop the case against their client, after Ms Callan took over the case from the NT's Director of Public Prosecutions (DPP).
"At present, we have received 22 civilian statements, one police statement and 19 CCTV files," he said.
The court heard it remained unclear whether the prosecution intended to call further witnesses, with Mr Aust saying he was yet to receive statements from five officials "attached" to the Thai embassy that he believed would clear Mr Gosling.
"We don't know whether they're wishing to avail themselves of diplomatic immunity and we are confident that they will completely exculpate [Mr Gosling] and prove [his] innocence," he said.
"The administrator is claiming he was assaulted; there is not a single eyewitness to any event, nor a witness that gives opportunity for an event to occur, save except for his wife who puts it at a different place, at a different time and a different description."
New prosecution team needs more time
Acting on instructions from Ms Callan, prosecutor Joanne Poole told the court that given the timing of the Sydney silk's appointment, which was only publicly disclosed yesterday, her team needed more time.
"We're still undertaking some enquiries in relation to the matter, but what I can say is that I understand … that police are obtaining some further witnesses statements at this stage," she said.
Ms Callan previously represented the Crown in the corruption prosecution of former NSW politicians Ian Macdonald and Eddie Obeid and appeared as counsel assisting at the coronial inquest into the 2014 Lindt Café siege.
She also served as Crown prosecutor in the murder trial of former NT police officer Zachary Rolfe, who was acquitted of all charges in 2022.
Ms Callan's involvement came after the NT DPP declined to prosecute the case "to avoid any perceived conflict of interest" and the Commonwealth DPP also ruled out taking carriage of the case.
During Mr Gosling's first appearance in July, Mr Aust told the court the first incident had happened "in a manner in which the administrator was unable to see the approach".
The court heard the second charge related to an alleged hip-and-shoulder collision between the two men, during which Mr Gosling allegedly pulled back his left elbow before striking Mr Connolly in his upper rib.
Since being charged with breaching his bail on August 14, Mr Gosling has stepped aside as special envoy for defence, veterans' affairs and northern Australia.
He will return to court on the breach of bail charge next month and for a further appearance on the assault charges in November.
