A career working as a lawyer could be under threat for Cathy McGowan’s niece if she is convicted of electoral fraud charges.
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Maggie McGowan, 27, and Sophie Fuchsen, 24, faced court on Friday following an Australian Federal Police investigation into their votes in the Indi electorate during the 2013 federal election.
They were charged with giving false or misleading information on their enrollment details to the Australian Electoral Commission.
Lawyers vowed to strongly contest the charges, saying the women studied in Melbourne, but otherwise lived at home and were eligible to vote in Indi.
McGowan’s solicitor, Rob Stary, referred to AEC rules, which stated “while studying at university you can remain on the electoral roll for your home address”.
“There's much evidence to suggest both accused regarded their addresses and the division of Indi as their home base,” he said.
“Both accused have acted in a bona-fide way, it's not like they've taken on other identities.”
Young people including McGowan and Fuchsen were credited with playing a large part in Liberal Sophie Mirabella losing the seat of Indi.
McGowan made the trip for the hearing on Friday from the Northern Territory, where she worked as a lawyer with the North Australian Aboriginal Justice Agency.
“The consequences for her are serious,” Mr Stary said.
He questioned why the AFP would chose to prosecute two women working in professional careers with no history of criminal offending.
The maximum penalty for a person found guilty of the charge is 12 months’ jail.
Fuchsen’s solicitor, Gideon Bowas, formally submitted a request for discontinuance this week, asking the charges be withdrawn.
“It’s my view that this case cannot proceed,” he said.
“If it does, it will be contested and contested hard.”
Magistrate Robert Kumar questioned why crown prosecutor Thomas Crouch had not responded to the request to drop the charges, which was first raised in August.
“Our office needs time to consider,” Mr Crouch said.
Mr Crouch said a trial would take about six days, three for each accused.
If the case did proceed to trial, it would not be resolved until late 2016 as Fuchsen would not be available until she returned from exchange to France in August.
Both women were excused from appearing at the next contest mention in April.
“I will have to adjourn this off so all witnesses and issues can be ironed out,” Mr Kumar said.
