SA court hears ICAC investigators knew they had breached international law investigating ex-Renewal SA boss John Hanlon

Two ICAC investigators knew for years evidence against a public servant was inadmissable – but said nothing even as he went to trial, a court has heard.

ICAC investigators knew they had contravened international law in their pursuit of an SA public servant but kept a “deathly silence” about their error for three years, a court has heard.

In the District Court on Thursday, the ICAC team investigating ex-Renewal SA boss John Hanlon conceded they had known key evidence in their case was inadmissable since September 18, 2019.

On that date, Australia’s consulate general to Germany, Peter Sams, told the duo they had unlawfully interviewed the country’s citizens without the permission of their government.

He warned them not only would their evidence be inadmissable in court but that they risked being arrested by German police for their actions.

However, neither director of investigations Andrew Baker nor investigator Amanda Bridge took steps to correct their mistake while in Germany, or upon their return to Adelaide.

Nor did they inform then-Commissioner Bruce Lander or the Office of the Director of Public Prosecutions, which was assigned to put Mr Hanlon on trial.

Former ICAC investigator Amanda Bridge, left, and the watchdog’s director of investigations Andrew Baker, right, outside court. Picture: NCA NewsWire

On Thursday, David Edwardson KC, for Mr Hanlon, asked Ms Bridge if she had sought to “bury” the breach of international law.

“You knew you had this German evidence in inadmissable form, that you had completely non-complied with what you should have done,” he said.

“You sent (the evidence) off to prosecutors, and never once did this form any part of the brief – why not?

“Never once, in any statement you have ever filed, have you made that disclosure until here in court today … the rest is deathly silence.”

Ms Bridge conceded there was “nothing in my notes” about taking steps to fix the problem and had “no recollection” of discussing the issue with Mr Lander.

She said she “hoped” she had advised prosecutors, but agreed there was no evidence to suggest she had.

“I’m not trying to hide things or do any of those sorts of things,” she said.

“Yes, in hindsight, we should have (involved the German authorities) … at the time we went, I believed we were doing the right thing.”

Mr Hanlon, 63, of Goodwood, has pleaded not guilty to one count of abuse of public office and two counts of dishonest dealing with documents.

Prosecutors have persisted in alleging he improperly spent taxpayer funds while on interstate and overseas trips, despite a court having thrown out the charges in June 2021.

Former Renewal SA boss John Hanlon, right, outside court. Picture: NCA NewsWire

His trial was last week delayed when prosecutors admitted German law banned Australian authorities from interviewing its citizens without government permission.

They asked for time to get that permission – Mr Hanlon’s legal team said that was unfair to their client, and the trial should either proceed or be thrown out.

On Thursday, Mr Edwardson said obtaining permission was a 12-month process involving Australian Federal Police making a request to Germany via Interpol.

If granted, a German prosecutor is appointed to take all statements on Australia’s behalf, and the documents must be witnessed in a German court.

Mr Edwardson suggested Mr Sams had explained that to Mr Baker and Ms Bridge when they asked him to witness the statements they had taken.

“He appeared annoyed because you had not gone through official channels and refused to witness the statements,” he said.

“You were on notice, from that moment, from the Australian consulate general, of the appropriate and lawful way of going about this.”

Mr Baker – who has been with ICAC since 2013 and held his current position since 2016 – replied: “The appropriate way that he (Mr Sams) believed.”

Mr Edwardson suggested Mr Baker had done nothing, as the senior officer, to remedy the error.

“At no stage, to your knowledge, was a mutual assistance request made in respect of any of these witnesses,” he said.

Mr Baker said that “was correct”.

Judge Timothy Heffernan will decide on Monday whether the trial will proceed.

Originally published as SA court hears ICAC investigators knew they had breached international law investigating ex-Renewal SA boss John Hanlon