Eleven cases investigated by ICAC in limbo after Troy Bell judgment, court hears
Eleven cases investigated by the ICAC – potentially including one of a former magistrate on corruption charges – are in a “state of paralysis” after a scathing finding in the case of MP Troy Bell.
Police & Courts
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Eleven cases investigated by South Australia’s corruption watchdog are hanging in the balance because of legal issues arising from the prosecution of Mount Gambier MP Troy Bell, a court has heard.
A recent District Court judgment found basic methods used to investigate maladministration and corruption in public office were unlawful.
Director of Public Prosecutions Martin Hinton QC told the court on Monday the ruling had left 11 cases in a “state of paralysis”.
He did not name the cases but said two were “opinions likely to result in charges” and six were before the Magistrates Court.
The others are matters before the District Court, including one awaiting trial and another involving four accused yet to be sentenced.
The Advertiser understands the latter refers to the case of ex-magistrate Bob Harrap and three others, who have pleaded guilty to deception offences.
Judge Liesl Chapman delivered the scathing judgment earlier this month after Bell argued his trial should be stayed because techniques and methods used by the Independent Commissioner Against Corruption (ICAC) to investigate him were unlawful.
She agreed the process of referring matters directly to the DPP for prosecution, bypassing police, was unlawful.
However, she said that alone was not sufficient grounds for a stay, and refused his request.
Last week, Mr Hinton said the effect of the judgment was profound: “We won the case, sort of, but ICAC has been left paralysed.”
He asked Judge Chapman to refer the case as a question of law to the full sitting of the Supreme Court as a “matter of urgency”, given its effect on other ICAC matters under way.
Mr Hinton said those issues could prove “catastrophic” for prosecutors, and should be determined before the Bell case was allowed to continue.
But Bell’s lawyer, Marie Shaw QC, said a referral would cause an unnecessary delay.
“My client has had this matter hanging over his head for a very long time,” she said.
She instead asked the court to proceed straight to an argument about whether certain evidence gathered in the investigation into Bell should be excluded from his trial.
Judge Chapman decided not to send the matter to the Full Court, however the DPP will have 48 hours to decide whether to appeal the decision.
Bell, who resigned from the Liberal Party after he was arrested, is accused of misappropriating hundreds of thousands of dollars while he was working as an independent education provider.
The now independent MP is due to stand trial later this year charged with 20 counts of theft and dishonesty.
The case will return to court for argument next month.