SA Police issued ‘please explain’ by magistrate as he dismisses charges in Medindie BMW theft case

A magistrate says SA police need “consequences” for court delays as he dismissed charges against three young men over two BMWs stolen from a blue-chip suburb.

Charges against three young men accused of stealing two BMWs from an affluent Adelaide suburb have been dismissed by a magistrate as he lashed SA Police for its “unsatisfactory” work ethic.

Kye Nicholson, 20, of Christie Downs, Corey Galvin, 18, of Hackham West and Dwayne Wanganeen, 18, of Christies Beach, were all originally charged with property damage and four counts of theft after an alleged brazen robbery last year at Medindie.

In the Adelaide Magistrates Court on Wednesday, prosecutors argued for another four-week adjournment – the second this year – claiming SAPOL were yet to provide them with forensic reports and body-worn video.

Kye Nicholson. Picture: Facebook

Corey Galvin and Dwayne Wanganeen outside the Adelaide Magistrates Court on Thursday. Picture: Charlie Dadds

“What’s the explanation for that material not arriving and the order previously made not being complied with?” Magistrate Simon Smart asked.

“On the previous occasion – on January 14 – prosecution sought an adjournment of four weeks – not opposed. I granted it. Yet here we are on February 13 and you’re asking for a further four weeks. Do court orders mean nothing?”

Prosecution told the court they had first requested the material in October last year – submitting there was an ongoing “issue” with SAPOL.

“It is the case that we are having this issue where we are requesting important information that’s not being provided to us,” they said.

It was alleged the men broke into a North Adelaide property at 4am and stole two BMWs and a Louis Vuitton wallet – also causing more than $40,000 in property damage when they rammed open the home’s electric gate with a car.

It was further alleged they “knocked out” a support post in the front veranda, costing the homeowner another $20,000.

Defence counsel for Mr Nicholson insisted Mr Smart “draw a line in the sand” and dismiss the prosecution’s “relatively weak case”.

“If there’s not going to be consequences for failing to comply with timelines then it’s just going to happen again, and again, and again,” he said.

“Perhaps the rank-and-file police officers might get the message that work has to be done in a timely manner.”

Sean Nottle, for Mr Wanganeen, agreed – telling the court his client “shouldn’t bear the brunt of police’s failures to file the necessary material”.

Mr Smart dismissed the charges against the young men – noting it was a “most unsatisfactory situation”.

A SA Police spokeswoman said SAPOL “reserves the option to relay the charge”.

Originally published as SA Police issued ‘please explain’ by magistrate as he dismisses charges in Medindie BMW theft case