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Country Care charges don't require unanimity direction, Australian judge rules

( December 20, 2019, 01:01 GMT | Official Statement) -- MLex Summary: Country Care’s demand that any jury considering the first criminal-cartel case in recent history involving an Australian company be directed to reach a unanimous decision on each charge has been rejected by the judge presiding over the prosecution. In a ruling published this week, Judge Robert Bromwich of the Federal Court of Australia said that he wasn’t convinced that any of the 12 separate events included in the charges required a unanimity direction. “The element or essential ingredient is a meeting of the minds involving a commitment to act in a particular way, as alleged; not the different ways in which the commitment may be procured,” Bromwich’s ruling said. However, acknowledging that this ruling would be controversial, Bromwich allowed the matter to be appealed immediately to a full sitting of the Federal Court; this, in turn, prompted the judge to vacate the Feb. 3 starting date for the landmark trial.The full judgment by Judge Robert Bromwich is attached. ...

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