Court enters not guilty plea for ‘unco-operative’ Upper Murray man accused of evading tax returns for a decade

An Upper Murray man accused of dodging his tax returns for the past decade because it was not an “important priority” must plead his case after the court entered not guilty pleas when he refused to co-operate. Michael Gerrit Hoek, 54, appeared in Narrogin Magistrates Court on March 10, charged with 50 counts of failing to furnish a return. The alleged offending was first flagged by the Australian Taxation Office on November 26, 2016, with a mass of alleged failed returns identified every year until September 30, 2025. During his first appearance on December 2, Mr Hoek told the court he did not understand the charges. The magistrate on the day, Erin O’Donnell, instructed Mr Hoek to seek legal advice so a lawyer could explain the matters and give instructions. Despite this, Mr Hoek was still self-represented for the second hearing on March 10. Before his appearance, the 54-year-old delivered a large stack of paper presenting his defence for magistrate Rosemarie Myers to read. Ms Myers said the “bundle of information” did not outline a defence but only suggested the court did not have jurisdiction to deal with the matter. She said she was satisfied it did. The ATO prosecutor, who appeared via video link, said numerous communications had been sent to Mr Hoek since 2016 informing him he had not completed his returns. The prosecutor said Mr Hoek did not engage with their attempts. Mr Hoek said he “doesn’t mind paying his tax” but he had not lodged any returns since 2016 because he was facing mental and physical health issues, and underwent surgery and spent time in hospital in 2017. He said he had held several jobs over the past 10 years, but nothing long-term due to his mental health, and thus did not think he had to lodge his tax if he was not working regularly. He said it was simply not an “important priority” during that time. Ms Myers said she sympathised with Mr Hoek’s situation but noted nine years had passed since his time in hospital. “Many people face difficulties and they still lodge their tax returns,” she said. “If everyone in the community going through difficulties didn’t do what was required of them, the system would fall to pieces.” Ms Myers asked him what his defence was because historical health issues and jurisdiction debates were not a defence. Mr Hoek stopped co-operating with the court after his multiple requests to read out loud the entire booklet of paper he had given to the magistrate were denied. Because of his refusal to engage, Ms Myers entered a not guilty plea on his behalf and said he could present a five-page maximum statement to the court in his next appearance. Mr Hoek will next appear in Narrogin Magistrates Court on June 8 for a trial allocation date.