Tim McCurdy has been committed to stand trial over allegations he used deception to earn $375,000 in real estate commissions in 2009.
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The Ovens Valley MP has maintained his innocence and recommitted to standing for election in November.
Both the prosecution and defence in Shepparton Magistrates Court on Thursday agreed McCurdy did the work to sell the two dairy farms in Katamatite.
He and Mr Gilmour were colleagues at PGG Wrightson in Cobram in 2008 when he started work to sell the farm known as Pinegrove Park, owned by Pamela Anne George.
By the time it was sold in 2009, they had both had moved to other real estate companies.
It is alleged McCurdy was not officially registered as an agent and used Andrew Gilmour Real Estate letterheads to facilitate the sale.
McCurdy has been charged with four counts of making a false document, four counts of use a false document, attempt to obtain property by deception and obtain property by deception.
Magistrate Peter Mithen said he believed there was enough evidence that deception was used to obtain the money for all 10 charges to go before a County Court jury.
Mr McCurdy stood and pleaded “not guilty” in response to the charges.
Speaking outside of court, he said he was looking forward for a chance to tell his side during the trial,
“It’s not about the commissions, it’s about my opportunity to have my say,” he said.
“Most people will understand it’s no coincidence this is rolling out in an election year, but these things happen, you just go with it and get on with it.”
Mr McCurdy said he would "absolutely” still be running for election, even though he thought some people would try to use the charges to put off voters.
The allegations McCurdy deployed “deceptive conduct” during his time as a real estate agent is a “curious charge”, according to his barrister Paul Laurie.
The owners of the two Katamatite properties in question hand-picked McCurdy to sell their farms because of his background in dairy farming, rather than where he worked.
“Pamela George did not care one iota what banner Mr McCurdy was working under,” Mr Laurie said.
“Tim McCurdy did all the work, she was happy with his advice.”
The prosecution argued there was “deliberate silence” around the fact McCurdy had moved to a different before the final contracts were signed in both sales.
Mr Gilmour told Shepparton Magistrates Court he became aware McCurdy had sold the Pinegrove Park farm to Chinese buyers through “community talk”.
It was the lawyer of property owner Pamela Anne George who alerted Mr Gilmour to the fact it was done through his company.
The $286,165 commission paid into the Andrew Gilmour Real Estate trust account in 2009 was stopped before it could be transferred to Mr McCurdy and the matter was settled in civil court proceedings.
Mr McCurdy’s defence barrister Ian Hill questioned Mr Gilmour’s version of events.
“You had an understanding that Mr McCurdy was entitled to a commission on sales?” he said.
“Yes, but I would have thought it would be to the agency that employed him,” Mr Gilmour replied.
Mr Gilmour’s evidence contradicted that of his secretary at the time Kelly Morey, who previously told the court her boss never raised the issue of her giving a company letterhead to McCurdy.
“I did query why my letterhead had been given out, but the damage was done,” he said.
Mr Gilmour also denied Ms Morey’s evidence that he maintained “a strong and regular relationship” with McCurdy after the pair’s business relationship ended.
His cross-examination became argumentative when Mr Hill questioned his memory and accused him of “trying to play word games” with his evidence.
After he was committed to stand trial, McCurdy was released on bail and the case was adjourned for a directions hearing on November 2.
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