ATO whistleblower Richard Boyle‘s District Court trial delayed for more than a year

The trial of an accused ATO whistleblower – who revealed harsh debt collection tactics – has been delayed until late next year.

The landmark trial of a whistleblower who raised concerns about heavy-handed debt collection tactics at the Australian Taxation Office (ATO) has been delayed for more than a year.

Former ATO employee Richard David Boyle, 45, of Edwardstown, was listed to stand trial in the District Court next month but due to his mental health sought a six-month adjournment.

Steven Millsteed QC, for Mr Boyle, on Monday told the court his client “suffers from a persistent depressive disorder”.

“On several occasions since the present charges were brought against him he has developed transient major depressive episodes and is vulnerable to developing a full-blown major depressive disorder,” he said.

He said that given Mr Boyle’s mental health and the complexity of the case, his legal team needed at least 70 hours to take instructions.

A psychologist report recommended Mr Boyle meet with his lawyers three times a week for one hour at a time “to minimise the risk of Mr Boyle suffering cognitive overload”.

The report said he felt “emotionally triggered” by the charges “because they triggered his memories from the bullying and harassment that he had struggled with at the ATO”.

Richard Boyle outside court after an earlier hearing. Picture: AAP / David Mariuz

Mr Millsteed said the legal team was trying to avoid Mr Boyle’s mental health declining so much that he was unfit to stand trial.

Mr Boyle has pleaded not guilty to 24 charges, including multiple counts of making a recording of protected information by a taxation office and using a listening device to overhear, record or listen to a private conversation.

He was originally facing 66 charges, but that figure was reduced last year.

Mr Millsteed said there was a “voluminous” amount of material for which Mr Boyle needed to provide instructions.

“In relation to one count … the prosecution case is based upon two screen shots,” he said. “My instructor has spent over three hours getting instructions from Mr Boyle in connection with that single count.”

Mr Boyle was dismissed from his role as tax collector at the ATO in 2018 after releasing information to the media about aggressive tactics allegedly used in the Adelaide office.

He had first made an internal public interest disclosure to the ATO in October 2017, but that was dismissed and he was later charged after going to the media.

He later launched a GoFundMe campaign to help fund his defence.

Prosecutors told the court a six-month delay was “too long”. Court availability meant a new trial could not be listed until at least mid-2022, the court heard.

The matter is expected to be a landmark test case because it will be the first time federal disclosure laws have been tested.

Senator Rex Patrick said Mr Boyle was a hero who should not be punished.

“It is not in the public interest to punish Richard Boyle,” he said.

“All it does is send a message to whistleblowers that the government will come after you with full force.”

Judge Adam Kimber set a new trial date in October 2022. Mr Boyle will next face court this October.