Supreme Court Justice Martin Hinton will become SA’s next Director of Public Prosecutions

A Supreme Court judge will quit the bench to become South Australia’s next Director of Public Prosecutions.

Supreme Court Justice Martin Hinton will quit the bench to become South Australia’s top prosecutor.

Supreme Court Justice Martin Hinton will become South Australia’s next Director of Public Prosecutions.

In a shock move, Justice Hinton will quit the bench and start his new role as the state’s top prosecutor in October.

Justice Hinton, one of the nation’s most respected and experienced legal practitioners and a Supreme Court Justice since 2016, was the unanimous selection from a field of national candidates for the coveted legal position.

Attorney-General Vickie Chapman confirmed the appointment yesterday after The Advertiser became aware of the move earlier this week and made inquiries.

Justice Hinton is only the second Supreme Court officer in SA to quit the bench to pursue another career path — Justice Robyn Layton resigned in 2010.

Ms Chapman said appointing Justice Hinton as the new DPP was “a coup for South Australia’’.

“He has vast experience in criminal law but he also has an extra level of experience that really is unlikely to ever be repeated,’’ she said.

“Not only has he been a prosecutor but he has the experience overseas and he has had the experience of being a judge.’’

Martin Hinton when he was the state’s Solicitor-General in 2013.

Ms Chapman said the fact Justice Hinton had experience in prosecuting white collar crime was also significant.

“I think this is a fledgling area of experience in South Australia. We have to accept there is going to be cybercrime in the future so it is important we have someone who has experience in that area,’’ she said.

“Historically we have had concerns raised with us by police that they have not had enough people to be able to work in the area of white collar crime ... as things come on line you have to be able to develop your investigative and prosecution units.’’

Ms Chapman said she was “pleasantly surprised’’ when the selection panel presented her with its recommendation.

Justice Hinton will be appointed for a seven-year term. The annual salary of the DPP is set at the same rate as a Supreme Court Justice of $458,840.

However, before Justice Hinton takes up his appointment, amendments to the Director of Public Prosecutions Act will be made to ensure judicial entitlements such as his pension will be maintained.

“This is a similar approach as that taken in New South Wales, Victoria and the Northern Territory and will ensure high-calibre candidates such as Justice Hinton are attracted to the role in future,’’ Ms Chapman said.

Justice Hinton’s departure will create a second vacancy on the Supreme Court bench following the retirement of Justice Ann Vanstone last month. Ms Chapman would not be drawn on when they would be filled.

While the unexpected move will shock Adelaide’s legal community, several senior barristers have welcomed his appointment.

“It is out of left field, but it makes a lot of sense. He is a very experienced prosecutor and legal manager,’’ a senior silk said.

“He is also in the unique position now of being able to assess a brief of evidence from a different perspective, which will no doubt lead to more thorough files leaving the office.’’

Last Saturday, The Advertiser revealed Deputy DPP Sandi McDonald, understood to be the only applicant from within the ODPP, had withdrawn from the selection process.

The role was advertised after the State Government opted to spill the position, rather than reappoint former DPP Adam Kimber SC when his term ended in April. Mr Kimber did not reapply.

Deputy Director of Public Prosecutions Sandi McDonald SC. Picture: Greg Higgs

Former Director of Public Prosecutions Adam Kimber SC. Picture: Greg Higgs

Prior to his appointment to the bench in 2016, Justice Hinton was the state’s Solicitor-General. He was the third Solicitor-General in recent history to move from the Crown Solicitor’s Office to the bench, after Chief Justice Chris Kourakis and predecessor John Doyle.

Prior to being appointed Solicitor-General in 2008, he was a senior prosecutor in the Office of the Director of Public Prosecutions for eight years and served as Deputy DPP.

Justice Hinton studied law at the University of Adelaide and was admitted to the bar in 1989. He was also admitted to practice in the UK in 1992 and spent several years working in London as a senior crown prosecutor.

Justice Hinton was appointed Queen’s Counsel in 2006. He is also an Adjunct Associate Professor of Law at Adelaide University and has been widely published in legal journals.

He is chair of the University of Adelaide law school advisory board, chair of the indigenous law students mentoring program, director of the Australian academy of law and a member of the Australian Institute of Judicial Administration’s Indigenous Justice Committee.

Justice Hinton has an extensive history of casework across both Australia and the UK, having prosecuted matters ranging from breaches of fishing law to homicides.

He has routinely appeared in the High Court, representing the State Government in challenges to bikie laws, and the DPP in contentious constitutional matters.

They include Henry Keogh’s earlier appeals against his conviction, the case of Chad Parenzee — who endangered his partners through unprotected sex — and the Eugene McGee case.

He is renowned for his expertise in white collar crime and has led high-profile cases including the prosecution of Mobil for an oil spill at Port Stanvac.