UPDATE: Wednesday, 12.30pm: A committal hearing into a $2.48 million fraud case has been adjourned for two weeks after a barrister suffered life-threatening injuries in a cycling accident.
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Barrister James Westmore suffered extremely serious head and internal injuries when he was involved in a collision with a four-wheel-drive near Dennington on Saturday night.
Long-time Framlingham Aboriginal Trust administrator Geoff Clark, his wife Trudi and two of their sons, Jeremy and Aaron, have been charged with a total of 1171 offences.
Geoff Clark has always maintained his innocence, labelling the charges and proceedings as a "witch hunt".
A committal hearing started last week and was to continue this week.
But, there have only been brief hearings on Monday, Tuesday and Wednesday this week before court was adjourned due to Mr Westmore's condition.
The committal has now been adjourned until Wednesday, February 26, when bookkeeper Allan Thomas is expected to finish his evidence.
Former Framlingham trust board member Violet Clark is also schedule to give evidence over three days of the continuation of the committal hearing.
Other witnesses are expected to be heard in June.
It's understood that barristers John Moore and James Anderson, who are also appearing in the committal, are close colleagues with Mr Westmore.
Mr Westmore is currently in the intensive care unit of The Alfred hospital in a life-threatening condition.
The three barristers who have been appearing in court this week have applied to the court for costs due to the adjournments.
Magistrate Charlie Rozencwajg has reserved a decision on costs.
Tuesday, 11.45am: Melbourne barrister James Westmore remains in a very serious but stable condition in The Alfred hospital intensive care unit after a cycling accident on Saturday night.
Mr Westmore last week appeared in a Warrnambool Magistrates Court committal hearing representing Aaron Clark.
Former Framlingham Trust administrator Geoff Clark, his wife Trudi, and two of their sons Jeremy and Aaron, have been charged with 1171 offences relating to a $2.48 million fraud case.
Mr Westmore suffered life-threatening injuries after being involved in a collision with a four-wheel-drive at the intersection of Illowa Road and the Princes Highway at 9.30pm Saturday.
He was taken to the Warrnambool Base Hospital and then transported to The Alfred.
Mr Westmore suffered significant head and internal injuries and bone fractures.
The committal hearing was on Tuesday adjourned without any evidence being heard.
It's not known when the hearing will recommence.
Monday, 11.45am: Melbourne barrister James Westmore, who has been acting for Aaron Clark in a ongoing Warrnambool Magistrate Court $2.48 million fraud case committal hearing, is the cyclist who was seriously injured near Dennington on Friday night.
In court this morning barrister James Anderson told magistrate Charlie Rozencwajg that he had been informed by colleague Paul Galbally that Mr Westmore was in a critical condition.
"He's still not stable and there are still concern," he said.
The magistrate adjourned today's hearing of the committal, but Mr Galbally will travel to Warrnambool and act for Aaron Clark when the court resumes on Tuesday morning.
It's expected that former Framlingham Aboriginal Trust bookkeeper Allan Thomas will continue giving evidence followed by Brambuk bookkeeper Paul Antonio and former Fram trust bookkeeper Wendy Hernan.
The magistrate indicated during this morning's brief hearing that he would give indemnity to Mr Thomas so he could answer questions relating to the Fram trust finances.
Mr Thomas refused to answer a number of questions on Friday, claiming he could incriminate himself.
Mr Thomas was previously charged by police and pleaded guilty to stealing $10,000 from the trust.
He was fined but received a reduce penalty after committing to make statements to police.
Earlier: A suburban Melbourne man is lucky to be alive after colliding with a four-wheel-drive while trying to cross the Princes Highway near Dennington on Saturday night.
Warrnambool police Highway patrol unit Acting Sergeant Jo Wastell said the 34-year-old from Kensington had been heading north on the Illowa Road just west of the Dennington Bowls Club at 9.30pm when he attempted to cross the Princes Highway.
He approached and went through the T-intersection and collided with the front passenger side of a four-wheel-drive heading west towards Port Fairy on the Princes Highway.
The cyclists was struck and suffered significant injuries.
The driver of the four-wheel-drive stopped and provided assistance until ambulance officers arrived.
The cyclist was transported to the Warrnambool Base Hospital for assessment and treatment before being airlifted to Melbourne's Alfred Hospital in a critical condition.
Acting Sergeant Wastell said it was believed the cyclist was crossing the highway in an attempt to start heading east into Warrnambool.
The collision comes days after it was revealed the Victorian coroner has recommended an investigation into how cyclists can enter Allansford almost on the first anniversary of a cyclist's death on the Princes Highway
Coroner Michelle Hodgson urged VicRoads and Warrnambool City Council to review cycling infrastructure along the Princes Highway in a bid to make it safer.
Samuel Chilton, who was 15 when he was killed, was riding his bike about 4.50pm on February 14 last year to attend cricket training at Allansford.
His father Neil told the Coroner that his son had to cross the Princes Highway to reach the town centre.
His father Neil told the coroner that local residents believed it was safer to cross the highway and travel down Raglan Parade in the wrong direction than travel further down the highway.
The coroner said there was no evidence to suggest the driver of the truck which collided with Samuel was at fault in the tragic accident and she was satisfied the truck driver had no reasonable opportunity to avoid the collision.
Warrnambool City Council's chief executive officer Peter Schneider said the council had received the report and was reviewing its findings and recommendations.
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