SA court told trial of ex-Renewal SA boss John Hanlon must be delayed as defence questions legality of ICAC’s processes

ICAC investigators may have contravened another country’s laws in their pursuit of a former top SA public servant facing trial, a court has heard.

ICAC investigators may have contravened international law by interviewing German witnesses in the Renewal SA “corruption” case without the permission of their government, a court has heard.

On Monday, the District Court heard the trial of ex-public servant John Hanlon – accused of taking improper, taxpayer-funded trips – could not start next week as scheduled.

Prosecutors conceded international law required them to work with German authorities to call witnesses from that country, and they had not filed the proper paperwork in time.

They told the court Germany did not permit foreign law enforcement groups to interview its citizens directly, meaning they could not be flown to Adelaide next week either.

Matt Selley, for Mr Hanlon, said the situation not only caused further delay for his client but also cast doubt on the legality of the ICAC investigation that sparked the case.

“All of these witnesses were approached by ICAC in 2019, they were contacted from Australia,” he said.

“ICAC officers went to Berlin, interviewed them, took statements from them and purported to take (sworn) oaths from them.

“This may now be the subject of an application to exclude that evidence.”

Former Renewal SA chief executive John Hanlon. Picture: NCA NewsWire / Emma Brasier.

Mr Hanlon, 63, of Goodwood, has pleaded not guilty to one count of abuse of public office and two counts of dishonest dealing with documents.

Prosecutors have alleged that, in 2017 and 2018, he improperly spent taxpayer funds while on interstate and overseas trips, staying in luxury hotels and eating at top restaurants.

In June 2021, the Adelaide Magistrates Court threw the case out after the Minister responsible for Renewal SA gave evidence he had approved the overseas trip and its draft itinerary.

Prosecutors, however, relaid the charges in the District Court two months later – Mr Hanlon’s counsel argued they should be permanently stayed as an abuse of process.

On Monday, Judge Tim Heffernan dismissed that application and asked if the trial was ready to proceed, but prosecutor Carmen Matteo SC asked it be adjourned.

“The issue that has arisen relates to the requirement to obtain ‘mutual assistance’ for the purposes of securing the evidence of German-based witnesses,” she said.

“That has to be done through Canberra.

“It was envisaged that if the evidence was required, it would be furnished though audiovisual link (but) the mutual assistance request had not been submitted.

“We were advised it could not be submitted and processed in time to meet the trial date.”

Mr Hanlon has pleaded not guilty to all charges. Picture: NCA NewsWire / Emma Brasier.

Ms Matteo said prosecutors then “looked into liaising directly” with the witnesses and arranging for them to fly to Adelaide.

“We were advised, by the Commonwealth Attorney-General’s Department, that Germany takes the view that it’s not permissible for witnesses based in that country to be contacted for the purposes of facilitating the giving of evidence in Australia,” she said.

“We are not in a position to call the Germany-based witnesses in person or by AVL in time for the commencement of the trial.”

Mr Selley said that was unsatisfactory.

“There is an opaqueness to the arrangements between Australia and Germany, as opposed to (between) other countries (and) my client has been waiting since 2018 for this trial,” he said.

“We have written to the prosecution requesting further clarification about when the request was made and why it was not dealt with earlier.”

Judge Heffernan said he would hear further submissions later this week and remanded Mr Hanlon on continuing bail.