Corruption case against driving instructor Masoud Rad postponed until May 2019 due to court efficiency law requirements
A CASE that a magistrate refused to postpone for 12 months has now been adjourned for ... 12 months ... due to the state’s controversial court efficiency laws.
- Year-long delay request ‘extraordinary’, magistrate says
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A CORRUPTION case that a magistrate refused to postpone for 12 months has now been adjourned for that exact amount of time due to the state’s controversial court efficiency laws.
In May, Magistrate Terry Forrest rejected a bid to adjourn the case against driving instructor Masoud Rad until May 2019, describing the request as “extraordinary”.
On Wednesday, however, prosecutors said they needed a further 26 weeks to finalise their case and were granted their application – pushing Rad’s court date to May next year.
Counsel for Rad said they had no option but to accede as they had yet to be provided with key evidence laid against their client, and so had been unable to consider his case.
“We understand there’s quite a bit of material to be gathered and assessed, but our client’s bail conditions prevent him from conducting part of his livelihood,” they said.
“We certainly ask for the court to keep pushing this matter along.”
Rad, 43, was arrested by SA Police’s anti-corruption branch in April and charged with one basic count of exercising his power as a public officer to secure a benefit.
A month later, police asked for a year’s adjournment in order to “formalise” handwritten witness statements and transcribe conversations recorded on dashcams.
Magistrate Terry Forrest refused, saying that was “untenable” and “extraordinary in my view”.
Rad was among the first alleged offenders to be dealt with under court efficiency laws drafted by former Attorney-General John Rau SC.
Others, including an alleged rapist, found their cases postponed for up to 14 months so police and prosecutors could determine whether or not the matters would even proceed.
On Tuesday, The Advertiser reported judges and magistrates had warned they would throw out cases and release offenders from custody if charges continued to take too long to finalise.
They said long delays in determining cases had “devastating consequences” for offenders, victims and public faith in justice.
Later that day, a magistrate and SA Police had a fiery clash over delays in the case of alleged Renmark High school stabber Amber Brea Rose.
On Wednesday, prosecutors in Rad’s case filed an additional three charges against him.
They said they were “still waiting to receive” material including both handwritten and digital logs of his routes and tests.
Prosecutors said they also needed to receive and assess information from “recording devices” that had captured alleged conversations between Rad and those he tested.
Magistrate Elizabeth Sheppard said she was minded to grant the adjournment.
“It’s unfortunate that such a long time is required, but I expect Rad will answer the charges on the next occasion,” she said.
“If there’s going to be further negotiations (between the parties), I would ask you get started on it.”
She remanded Rad on continuing bail.
Director of Public Prosecutions Adam Kimber SC has yet to respond to The Advertiser’s requests for an interview about the efficiency laws.