Case against unionist Ark Tribe 'illegal', court hears

THE case against unionist Ark Tribe is "unlawful and illegal" while lacking any evidentiary weight, a court has heard.

THE case against unionist Ark Tribe is "unlawful and illegal" while lacking any evidentiary weight, a court has heard.

The stop-start trial of Tribe, 47, resumed in the Adelaide Magistrates Court this morning  but so did its lurching pace.

A key witness' testimony was repeatedly interrupted by Federal prosecutors, who objected to questions asked by Tribe's lawyer.

The witness  Australian Building and Construction Commission investigator Seamus Flynn  had to leave the court several times while counsel argued points of law.

Tribe, 47, faces six months' jail if convicted of failing to attend a Commission hearing into the legality of a May 2008 stop-work meeting at a Flinders University building site.

The trial was supposed to have concluded last month.

It was delayed, however, by arguments over evidence and claims the charge had been filed incorrectly.

Today Michael Abbott, QC, for Tribe, said Mr Flynn had held two positions with the Commission in May 2008.

That was improper, he claimed, under legislation banning Commission employees from performing "dual roles".

"Mr Flynn was not properly acting as an inspector, and the investigation was unlawful and illegal," he said.

Mr Flynn said that assertion was based on a mis-reading of the legislation.

"The law means I can't enter a particular site while performing one of my roles, then change hats and perform the other on that site," he said.

"I could not, did not and have not performed a dual role whilst I've been on a site."

However, he admitted having "no evidence" that Mr Tribe had taken part in industrial action.

Mr Abbott said the law required investigators to "believe, on reasonable grounds" a unionist could assist a hearing before requiring them to attend.

The trial, before Magistrate David Whittle, continues.