ICAC failed to disclose evidence supporting the innocence of former Renewal SA boss John Hanlon for three years, court told

ICAC investigators had evidence supporting the ex-Renewal SA boss’s claims of innocence for three years – but kept it secret from both defence and prosecutors, a court hears.

ICAC has had evidence supporting a top public servant’s innocence of alleged corruption for three years but revealed it to no one – including prosecutors – until last week, a court has heard.

The trial of ex-Renewal SA boss John Hanlon was on Tuesday rocked by yet another bombshell claim about the anti-corruption watchdog’s handling of the case.

His counsel revealed that an ICAC analysis of Mr Hanlon’s phone, conducted in August 2019, matched cell towers near multiple German businesses he insists he visited a year earlier.

The court heard it also shows Mr Hanlon’s phone “kilometres apart” from those of his wife and daughter – contrary to prosecution claims he was on a taxpayer-funded personal trip.

David Edwardson KC, for Mr Hanlon, said that document was only provided to his client’s legal team last week – 32 months after his client was charged.

Former Renewal SA boss John Hanlon and his wife outside court. Picture: NCA NewsWire / David Mariuz

“This is critical exculpatory evidence that should have been disclosed and, to our horror, has never been disclosed,” he said.

“What’s even more troubling is ICAC had this information even before its investigators left to travel to Berlin.

“It is, quite frankly, deplorable that this information was only disclosed for the first time on Friday.”

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.

In June 2021, a lower court threw out the case, only for prosecutors to reactivate it in the District Court.

Last week, ICAC investigators conceded they breached international law by travelling to Germany to interview witnesses without permission of that country’s government.

Prosecutors argued that evidence could be used at trial regardless, while defence counsel said doing so would deny Mr Hanlon his right to a fair trial.

On Tuesday, Judge Tim Heffernan agreed with defence counsel and excluded the German witnesses’ statements from being used in the trial.

Mr Hanlon has pleaded not guilty to the charges. Picture: NCA NewsWire / Roy VanDerVegt

Mr Hanlon, seated in the dock, became visibly emotional following Judge Heffernan’s ruling, leaning forward and rubbing his eyes with his hands.

Mr Edwardson said his client still wanted the matter resolved, but said ICAC’s actions were intolerable.

“We now know they had information, even before they left Australia, that my client’s phone connected to cell towers in proximity to the locations he says he visited,” he said.

“That is consistent with him working, and with his statement to ICAC, and we get all of this for the first time on Friday.”

He said prosecutors had also only learned of the document’s existence last week – Carmen Matteo KC, prosecuting, confirmed that was so.

“I’m not in a position to respond beyond that,” she said.

Judge Heffernan said the prosecution was “now on notice” about the issue, and adjourned until Wednesday – when the trial is scheduled to begin.