The businessman and former Greater Shepparton City councillor is charged with the assault of a Shepparton real estate agent on September 19, 2018.
Police prosecutor Senior Constable Liam Murdock told Shepparton Magistrates’ Court the case came about when the real estate agent went to look at driveway access between the old Shepparton Hotel, in which Mr Muto had a “vested interest”, and the building next door.
“There was a gate that was closed (to the driveway)”, Sen Const Murdock said.
“The complainant (the real estate agent) had entered the driveway and Mr Muto was there.”
Sen Const Murdock said the hearing was contested because Mr Muto was making a self-defence argument.
At yesterday’s court appearance Mr Muto handed up a doctor’s certificate from his general practitioner saying he was unable to represent himself at court due to mental health conditions.
Magistrate Felicity Broughton, however, said the letter was not enough proof he was not able to represent himself, and asked for copies of medical reports that were done for a court appearance in 2015, which were later emailed to the court by Mr Muto.
“I’m far from being satisfied in this very short report Mr Muto is not capable of representing himself,” she said.
Mr Muto told the court, during what was supposed to be a contested hearing, he had tried but had been unsuccessful in getting legal representation in Shepparton or Wangaratta.
He told the court he had found a legal representative in Melbourne a month ago but they had not got back to him.
After being asked by the magistrate to phone that lawyer to see what was happening, Sen Const Murdock told the court the lawyer told him Mr Muto had made preliminary enquiries with him but had not engaged his services.
Sen Const Murdock said the lawyer had read the brief for the case and said he had “questioned the merits of the defence and he made a decision he was not going to act as it was not in Mr Muto’s best interest to do so”.
Sen Const Murdock told the court the lawyer said he also had concerns about private funding for the case.
The magistrate was clearly not impressed with the hold-up in the hearing going ahead and ordered Mr Muto to engage a lawyer and come back to the court with proof of a meeting date with the lawyer.
Late in the afternoon, Shepparton lawyer Daniel Posner appeared in court for Mr Muto, saying he had filled out a legal aid application and it looked like he would get it.
Ms Broughton adjourned the case to a special mention on February 26.
“If on the next occasion it is going ahead (as a contested hearing), I want to know who his lawyer is,” she said.
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