Dr Kenneth Robert “Bob” Johnson yet to enter plea on fraud charges
One of SA mining’s biggest names has been told by a court to ‘get busy’ and answer a fraud case spanning 900,000 pieces of evidence.
Police & Courts
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A top mining identity still has not entered his pleas to $38.5 million worth of tax fraud charges, more than three years after he was first accused – and a court has told his lawyer to “get busy”.
In the Adelaide Magistrates Court on Tuesday, counsel for Maptek founder Dr Keith Robert “Bob” Johnson asked their client’s case be adjourned for a 10th time.
Andrew Culshaw, for Dr Johnson, said prosecutors had promised but failed to provide 900,000 items of evidence that underpinned the allegations.
Magistrate Simon Smart was unmoved by that submission, asking how Dr Johnson intended to answer the charges.
When Mr Culshaw pressed for an adjournment, Mr Smart replied: “What is the answer to my question?”
“Is there a case to answer? By my count, this has spent three years and one month in this jurisdiction – there is an issue to be tried, isn’t there?” he said.
In July 2021, Dr Johnson, 74, was charged with two counts of defrauding the Commonwealth and 13 counts of obtaining a financial advantage by deception.
The charges carry a maximum 10-year prison term if proven.
Australian Federal Police alleged Dr Johnson failed to disclose overseas trust assets in his tax returns and therefore evaded paying taxes between 1999 and 2013.
The charges followed a complex joint investigation, which started in 2014, between AFP and law enforcement agencies around the world.
His substantial assets – tens of millions of dollars’ worth of property, companies, bank accounts and shares – have been frozen by court order since the investigation began.
In September 2021, prosecutors revealed their “complex” case spanned 40,000 pages and Dr Johnson’s counsel flagged needing “substantially more time”.
Since then, the hearing at which Dr Johnson was scheduled to enter his pleas has been adjourned nine times – from July 12, 2022, through to Wednesday.
On Tuesday, Dr Johnson wore a face mask as he entered the court building, and continued to wear it while standing in the dock.
Mr Culshaw said an adjournment should be granted as the prosecution’s failure to disclose the material did not comply with Federal law.
“Some 18 months ago, the AFP was to provide us with ‘voluminous material’ comprising some 900,000 items in accordance with the legislation,” he said.
“We are now some 18 months on from that, the committal brief has not been updated since, and the documents have not been provided – until today.
“This morning we have been given some affidavits, a 40-page letter and a hard drive which, I’m told, has those 900,000 documents on it.”
Prosecutors said they did not oppose one final adjournment.
Mr Smart said Dr Johnson could have two more weeks to finalise his instructions, and remanded him on continuing bail.
“Get busy, Mr Culshaw – this matter has been before this court for almost 3 1/2 years,” he said.
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