Maptek founder Bob Johnson accuses prosecutors of dumping one million documents into his $38.5m tax fraud case

He’s been in court, and had his assets frozen, for three years – now this magnate has accused prosecutors of “dumping” evidence on him at the last minute.

A mining magnate cannot possibly answer allegations he defrauded $38.5m in taxes because prosecutors have “dumped one million documents” on his lawyers, a court has heard.

On Thursday, Maptek founder Keith Robert “Bob” Johnson claimed that – after three years and 10 adjournments – he still did not know the shape and scope of the case against him.

Prosecutors told the Adelaide Magistrates Court the documents were “a mirror image of Dr Johnson’s own laptop”, but barrister Andrew Culshaw would not be swayed.

“Our complaint is that we had, two weeks ago, one million documents – and that’s not an exaggeration, one million documents – dumped on us,” he said.

“The prosecution has been sitting on these for 18 months, now we’ve been told ‘sift through it yourselves’.

“It’s not satisfactory to dump one million documents, as the prosecution has, on my client and then say ‘off we go to the District Court’.”

Magistrate Simon Smart asked Mr Culshaw to mind his submissions.

“You keep saying ‘dumped’ … we are in court, Mr Culshaw – can you use appropriate language, please?” he said.

Mining tycoon Keith Robert Johnson outside the Adelaide Magistrates Court. Picture: NCA NewsWire / Emma Brasier

Since July 2021, Dr Johnson has been charged with two counts of defrauding the Commonwealth and 13 counts of obtaining a financial advantage by deception.

Prosecutors have alleged Dr Johnson, whose assets have been frozen since 2014, failed to disclose overseas trust assets and therefore evaded paying taxes between 1999 and 2013.

Over 10 adjournments, Mr Culshaw has repeatedly complained about the size and complexity of the case, claiming it spans 40,000 typed pages.

Last month, Mr Smart told them to “get busy”, saying there would be no further delays.

On Thursday, however, Mr Culshaw filed a notice seeking to have AFP officers cross-examined, prior to any pleas being entered, about the one million documents.

He said the lack of guidance provided, by prosecutors, about the nature and relevance of those documents meant they had failed to comply with their statutory obligations to a defendant.

Patrick Hill, prosecuting, said that was “not what” his office “has done”.

“There are one million digital items and I can tell Your Honour that the majority of them are mirror-images of (files from) the defendant’s own laptop,” he said.

“Defence counsel have been provided with the search terms the AFP ran over the material and a document showing what was created, and when.

“Defence requested from us every single document we had, and we have handed them over.”

Mr Smart conceded the debate would have to be resolved before Dr Johnson entered his pleas, and adjourned the hearing – for an 11th time – until next month.