Fed: Johnston could be ordered to appear in Brisbane and Perth

AAP General News (Australia)
12-02-2009
Fed: Johnston could be ordered to appear in Brisbane and Perth

PERTH, Dec 2 AAP - Firepower boss Tim Johnston may be ordered to attend an examination
of his failed company that would start in Brisbane and be completed in Perth.

Mr Johnston appeared in the Federal Court on Tuesday via videolink from a Brisbane
courtroom, giving evidence in support of affidavits which state he cannot travel to Perth
for the hearing brought by Firepower liquidators.

Mr Johnston has cited health and safety concerns for his failure to attend a Federal
Court hearing last week into the company's collapse, which cost investors around $100
million.

A doctor testified that he did not believe Mr Johnston should be required to travel
by air for about three weeks because of his medical condition, including a cardiac problem.

Judge Antony Siopis, who can order a warrant for Mr Johnston's arrest if he is not
satisfied with the reasons given for his absence, on Wednesday said it may be necessary
to conduct the first day of the hearing via videolink from Brisbane on Friday.

Mr Johnston could then be able to travel by train to Perth to appear at the hearing
which could continue before a registrar in that city on Tuesday and Wednesday next week.

Judge Siopis called a short adjournment while he considers his decision.

Mr Johnston has told the hearing he went to a doctor suffering from exhaustion, chest
pains, fear and anxiety before he was due to travel to Perth.

He said he also feared for his life and the safety of his family if required to go
to Perth. But, he added, he was "unable" to say who it was that was threatening him or
his family members.

Mr Johnston said he had never intended not (not) to go to Perth.

He repeatedly said he did not recall or that he could not remember when asked details
of events leading up to his failure to appear in court last week.

His medical practitioner, Dr Robert Mackay, was also called at Wednesday's hearing
and testified that Mr Johnston was delusional and at risk of complete heart failure.

He said Mr Johnston had come to him complaining of cardiac irregularity and minor delusional
thoughts.

"He was overweight, he was short of breath, he was not sleeping and he displayed minor
delusional thoughts," Dr Mackay said.

"He said he thought people were following him, were after him and trying to harm him."

The doctor said that for the past eight years Mr Johnston had experienced dizziness
while flying, which was getting worse.

Dr Mackay said he had prescribed Mr Johnston the drug Temaze, which reduces anxiety
and deals with insomnia.

Richard Douglas, for the liquidators, said Mr Johnston's affidavits were part of a
"deliberate strategy" to avoid appearing at the public hearing.

AAP was/jl/cdh

KEYWORD: FIREPOWER UPDATE (PIX AVAILABLE)

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