Court hears ex-Renewal SA boss John Hanlon cannot receive a fair trial if ICAC evidence is used

Evidence gathered by ICAC against a top SA public servant in breach of international law can and should still be used in his trial, prosecutors say.

Former Renewal SA boss John Hanlon cannot receive a fair trial if prosecutors are allowed to use evidence gathered against him, by ICAC, in breach of international law, a court has heard.

On Monday, prosecutors lost their bid to have Mr Hanlon’s District Court trial adjourned so they could have six German witnesses flown to Adelaide to give evidence in person.

The witnesses are critical to prosecutors’ accusations that Mr Hanlon’s taxpayer-funded trip to Germany in 2017 was to visit his daughter and attend the birth of his grandchild, not to undertake work.

However, their statements were taken by ICAC officers who were acting in breach of international law – and who learned of their error but never corrected it.

Former Renewal SA boss John Hanlon, right, outside court last week. Picture: NCA NewsWire

Told, on Tuesday, there would be no further delay of the beleaguered trial, prosecutors asked the court still accept the statements into the trial for “limited purposes” – prompting the ire of Mr Hanlon’s counsel.

David Edwardson KC, for Mr Hanlon, said that would strip his client of an accused person’s most basic right – to question their accusers at trial – and asked the evidence be excluded.

“They are trying to get in, through the back door, what they couldn’t through the front door,” he said.

“What’s worse is they are trying to do it in a way that denies my client his right to challenge, test or cross-examine these witnesses about their assertions in front of a jury … it’s quite extraordinary.

“I’ve no idea what prompting ICAC gave to get these witnesses to give these statements to them … that may be fertile ground for cross-examination.

“To suggest my client could get a fair trial in these circumstances is ludicrous … the prosecution seems to have scant regard for the rights of an accused.”

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 allege he improperly spent taxpayer funds while on interstate and overseas trips, despite a court having thrown out the charges in June 2021.

John Hanlon has pleaded not guilty to one count of abuse of public office and two counts of dishonest dealing with documents. Picture: NCA NewsWire

Two weeks ago they asked his trial be adjourned, saying they needed time to seek the German government’s permission to have its citizens give evidence in Australia.

The ICAC investigators who laid the case then admitted they had known, since September 2018, the evidence was inadmissable but had never disclosed that fact.

On Monday, Carmen Matteo KC, prosecuting, said the statements could still be lawfully used in the trial to refuse Mr Hanlon’s interview with ICAC.

She said he told the watchdog he had visited several different companies, taken “tours” and been “given brochures” about their services.

Ms Matteo said each of the six witness statements discussed “corporate records, or lack thereof” regarding their organisations’ dealings with Mr Hanlon.

“(One witness) provides Mr Hanlon did not attend their meeting (and) he could not recall ever meeting with Mr Hanlon,” she said.

“There is not a hint of evidence before Your Honour to give concern that these international professionals have done anything but respond to confined requests about processes and records.

“That’s a matter that’s significant in assessing the level of unfairness that arises from the deprivation of the ability to cross-examine these witnesses.”

Judge Tim Heffernan will give his decision on Tuesday morning, ahead of the trial starting on Wednesday.