AG to consider future of corruption charge against lawyer

A corruption charge against a prominent Brisbane barrister could be thrown out after the jury in his District Court trial had to be discharged.

Sam Di Carlo outside the Supreme Court, Brisbane. Pic: Lyndon Mechielsen/Courier Mail

A corruption charge against a prominent Brisbane barrister could be thrown out after the jury in his District Court trial had to be discharged.

The Office of the Director of Public Prosecution will now seek advice from the Attorney-General on whether to proceed with the indictment charging Salvatore “Sam” Di Carlo with one count of corruptly giving or offering benefits.

The decision to discharge the District Court jury came after an eight-day trial in which it was alleged Di Carlo had offered or given benefits to former Ipswich mayor Paul Pisasale for him to promote a commercial development.

But the trial hit a snag on Friday amid legal argument over the 15 offence particulars linked to the single charge.

Chief Judge Brian Devereaux reconvened the jury early Monday to deliver his decision.

“It’s unhappy in the sense you have given so much of your time and commitment to the trial,” he said.

“A number of arguments were conducted on Friday which led to my making decisions of law.

“One decision followed another and another until the point was reached I decided the trial in effect had to be abandoned.”

Judge Devereaux SC thanked the “attentive” jury members for their time.

“This happens sometimes,” he said.

“I hope that you still leave the process with a sense of its real value.

“…But it’s a human system and sometimes it goes wrong and that’s what happened.”

Crown prosecutor Sarah Farnden KC asked the case be adjourned for three weeks to allow the DPP time to seek advice on whether to enter a nolle prosequi – the process by which the Crown indicates it will not further proceed upon the indictment.

After the jury was discharged, defence barrister Saul Holt KC successfully applied to have Di Carlo’s bail conditions amended to allow him to have contact with two people including another lawyer.

Di Carlo is still facing a separate indictment charging him with two counts of perjury, both alleged to have been committed in June 2017.

That matter will be mentioned along with the corruption charge on March 27.