Former Adelaide City councillor Alexander Hyde seeks covert recordings arising from investigation into ‘election fraud’

Secret recordings of conversations about the Adelaide City Council election could shed light on alleged fraud if released from the vault, a court has heard.

Former councillor Alexander Hyde is challenging the result of last year’s election. Picture: Matt Turner

Three covert recordings – including one made in a Chinese restaurant – hold the key to alleged “illegal practices” in the lead-up to the Adelaide City Council election, a court has heard.

On Monday, former councillor Alexander Hyde asked the Supreme Court to order the tapes be “urgently” released to him, for use in his challenge to his loss to Jing Li last November.

His court documents assert two of the tapes record May and November 2022 conversations relating to the Electoral Commissioner’s investigations into the ballot.

The third, it asserts, records a conversation at the Stonemill Rice Roll restaurant at Visions on Morphett St.

Visions is one of four buildings involved in allegations that international students were targeted by Chinese people collecting ballot papers that had not yet been filled out.

Mr Hyde wants a court exemption so he can be provided with, and use, covertly-made recordings in his challenge. Picture: Matt Turner

The papers further assert the conversation was covertly recorded by the wife of Central Ward councillor Simon Hou.

Mr and Mrs Hou are not accused of any wrongdoing.

Outside court, Mr Hyde told The Advertiser the tapes had “significant probative value” to his case.

“We think that they will go some ways to answering the serious and concerning questions which linger over this election,” he said.

“For this reason, we contend that it’s in the public interest to disclose them.”

In November, The Advertiser revealed the Electoral Commissioner was investigating hundreds of ballot papers prior to the close of the polls.

It reported that inquiries were centred on the Vision, Realm, Kodo and Penny Place apartment buildings and votes in support of a Central Ward candidate.

It also published a photo showing two men outside the Vision apartment building on Morphett St with a handful of opened ballot envelopes.

Mr Hyde subsequently lost the election for Central Ward to Mr Li, and challenged the result in the Court of Disputed Returns.

Adelaide City councillor Jing Li. Picture: Dean Martin

On Monday, Mr Hyde filed a Supreme Court application under the Surveillance Devices Act (2016).

It lists the Electoral Commissioner, Mr Li, Colin Ma, Chenkang Wang and real estate agent William Bai as “interested parties”.

In his court papers, Mr Hyde asks the court to grant an exemption from the Act so that the three tapes can be used in his election challenge.

Because the tapes were allegedly made without the permission of those being recorded they cannot, under state law, be used in legal proceedings without a court exemption.

In his papers, Mr Hyde asserts two of the tapes are already in the possession of the Electoral Commissioner.

Those tapes, he asserts, were made by Mr Ma on May 13 and November 10, 2022.

He seeks orders that he “may use the Ma digital files and any information or material derived” from them “for the purposes of” his election challenge.

Mr Hyde also asks the court to permit him to use “a digital file containing an audio recording taken by the wife of Mr Simou Hou”.

That file, he asserts, records “a conversation occurring at Stonemill Rice Roll restaurant on November 27, 2022”.

If granted an exemption, he asserts, he will “provide copies of the digital file” to the Commissioner, Mr Li “and their respective legal representatives”.

On Monday, counsel for the interested parties asked for further time to consider the application and take instructions from their clients.

Justice Sandi McDonald adjourned the application until next month.