A Sydney businessman accused of reckless foreign interference has been granted bail after a judge said the case against him was “arguable” and he would otherwise spend almost another year in custody awaiting trial.
Alexander Csergo has pleaded not guilty to the single charge after he was arrested in April last year, having recently returned home to Bondi from overseas. He has remained in custody since.
His legal team yesterday made another bail application — in Downing Centre District Court — after he recently learned he would need to wait until May next year for a trial.
He will be released from Silverwater Correctional Facility to live with his mother Catherine Csergo in Bondi and will be required to wear an ankle monitor.
His mother, his brother and himself have each agreed to a $100,000 surety.
Speaking outside the court, his mother said she was looking forward to having her son home.
“I am the happiest person in the world to have my son at home,” Ms Csergo said.
“When he comes home, we’re going to have a coffee together, sit on the balcony and look at the sea.”
Lengthy legal process
From the outset, Judge Graham Turnbull said the delay was a matter to be given “significant weight”, but also considered three risks deemed to be “unacceptable” by prosecutors; the risk of flight, the commission of a serious offence and witness interference.
The judge believed the flight risk was the major concern.
He reviewed material including a summary of the Crown’s case.
“With respect, the strength of the Crown case, I would say, is arguable,” Judge Turnbull said.
Mr Csergo had already served a “good whack of his time” should he end up with a conviction, the judge said.
Crown prosecutor Talia Epstein told the court she was not able to argue anything against the delay until trial.
Judge Turnbull today made formal orders granting Mr Csergo bail, after the court was provided with details of ankle bracelet monitoring arrangements.
‘Potential unfairness’
Australian Federal Police have alleged the 56-year-old businessman was in contact with two people he knew as “Ken” and “Evelyn”, who purported to be from a think tank.
Mr Csergo is accused of accepting cash payments to compile reports for the pair, who allegedly worked for Chinese intelligence, covering topics including Australia’s defence, economic and security arrangements.
But his legal team insists he suspected somebody was trying to put handlers on him, so he cooperated using publicly available information.
Judge Turnbull yesterday said the Crown’s case did not contain an allegation of dealing in official secrets and defendants in Mr Csergo’s position faced difficulties in preparing a defence, given such a “document-heavy” case and restrictions in accessing material and lawyers in custody.
That was “despite the aspirational statements we so commonly hear”, the judge said, and such challenges could constitute “potential unfairness”.
Mr Csergo’s counsel, Bernard Collaery, emphasised in his submissions his client’s strong ties to the community, including his mother Catherine Csergo, who has attended every court date.
Judge Turnbull agreed the community ties were “substantial”, however he also weighed up Mr Csergo’s apparent former ties to China and business connections.
Ms Epstein said during a police interview, Mr Csergo had given “an indication … that he intended to return”.
But the judge could not see it as realistic that people would “step out of the shadows” to facilitate Mr Csergo’s return to the very place “impugned” in the Crown’s case.
Long list of bail conditions
Judge Turnbull had remained concerned about the flight risk, which would be mitigated by proposed conditions, including the ankle bracelet monitoring.
Yesterday, Mr Csergo appeared in court in person and was addressed directly by the judge who said it would be “crazy” to contemplate fleeing.
“I agree, Your Honour,” Mr Csergo replied.
The judge described that prospect as “an ultimate betrayal” to his “stoic” mother and brother, who each offered a $100,000 surety to secure his release.
“This man is charged with a single offence,” Judge Turnbull said.
“He’s a man of good character. He is presumed innocent — and that is a touchstone for considerations under the Bail Act.”
Mr Csergo’s lengthy list of bail conditions includes the ankle bracelet monitoring, daily reporting to police, a ban on going within 500 metres of any international departure point and surrendering his passport.
He must also not communicate with any prosecution witness, not leave NSW without telling police, avoid any foreign consulates and only use one phone without accessing any encrypted apps or websites.
Mr Csergo is the first person to be charged with the offence of reckless foreign interference, which carries a maximum penalty of 15 years in prison.
The bail decision comes after his lawyers in March told Downing Centre Local Court that prosecutors had abandoned one of the two elements to the charge — the allegation the conduct prejudiced Australia’s national security.
That meant the Crown would allege Mr Csergo recklessly supported a foreign intelligence agency, the other element to the charge.
The local court previously heard Mr Csergo worked as a consultant to JCDecaux and spent some of the COVID-19 lockdown in Shanghai.
JCDecaux had access to millions of Chinese consumer mobile phone records, the court has heard, however Mr Csergo’s legal team has said he was determined not to be detained upon his suspicion there were “handlers” being placed on him.
Australia-China relations plummeted when Australia made an announcement about the origins of coronavirus, a magistrate was previously told.
Mr Csergo’s mother has said her son was not a criminal but a businessman who was respected for his work in Europe, England, Germany, France and Spain.
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