Red Christmas likely for fraud accused

as posted on WAToday

* Chris Thomson
* October 2, 2008 - 7:47AM

A principal of Perth's Australian Islamic College who was charged with fraud after allegedly obtaining $3 million of state and federal funding is likely to have his passport returned so he can spend Christmas in China.

In June, Major Fraud Squad officers charged Mark Brian Debowski, 50, and his associates Abdallah Saad Magar, 69, and Aziz Magdi, 53, after search warrants were executed at three of the college's schools in Thornlie, Kewdale and Dianella.

In Perth Magistrates Court yesterday, Debowski's lawyer Andrew Maugham asked that his client's seized passport be returned so he could travel to China for business and to visit relatives between December 19 and January 29.

Mr Maugham said Debowski planned to stay in the city of Shantou, which sprawls along the coast of the South China Sea.

Mr Maugham said his client did not pose a flight risk because he had family and business ties to Perth, and a $2 million property in Peppermint Grove.

Debowski last visited China in July 2008, well after the fraud investigation had started, and had returned without incident, Mr Maugham argued.

Debowski has not yet pleaded to the fraud charges but Mr Maugham said they were likely to be defended.

"I believe there are deficiencies in the state's case," Mr Maugham said.

Mr Maugham argued there was no suggestion Debowski personally benefitted from the alleged fraud.

"My submission is the funding was required to keep the school open," Mr Maugham said.

Crown prosecutor Raymond Soh opposed the return of Debowski's passport, arguing the absence of an extradition treaty between China and Australia increased the flight risk.

Mr Soh said the Australian Federal Police, WA Police and Customs Australia had been closely tracking Debowski's movements.

"His travel plans to China are a luxury for a recreational purpose," Mr Soh argued.

Magistrate Stephen Heath adjourned the bail amendment application until November 18.

But he said he would recommend to the magistrate sitting that day that Debowski have his passport returned provided he could pay a $1 million surety, a $100,000 personal undertaking and a $20,000 cash deposit.

as posted on WAToday