The trial of Graeme Mark Lowery (54), who denied the charges against him, was abandoned in May when Judge Michael Crosbie sent the jury home and declared a mistrial.
The specific reasons for the ruling and what Judge Crosbie told jurors before dismissing them cannot be published, to ensure that fair-trial rights are preserved.
However, this morning defence counsel Judith Ablett-Kerr, QC, described "a disturbing mindset of the prosecution''.
She argued that while the Crown was maintaining mistakes that were made were "all inadvertent'', but instead showed a lack of due diligence that amounted to "gross negligence''.
"It really is deeply concerning the Crown has not come to the court and said . . . it's our fault.
"Because it's not just one mistake -- it's many mistakes.''
Her client had spent "six figures'' to date in what was already a lengthy process.
Prosecutor Craig Power said the failures of the prosecution were neither deliberate nor egregious.
Judge Crosbie reserved his decision until November 13.
