Trial of former public servant Brian John Turner delayed until 2023 as evidence ICAC deemed ‘not relevant’ probed by defence team

A former public servant accused of mishandling a $14 million deceased estate wants to see evidence ICAC has deemed “not relevant” before he stands trial.

EDITOR'S NOTE: On November 17, 2023, the Office of the Director of Public Prosecutions tendered no evidence against Brian John Turner, and the case was dismissed by Judge Simon Stretton of the District Court. 

A former public servant accused of mishandling $14 million will not stand trial until 2023 – almost 20 years after his alleged corruption – so his lawyers can probe evidence ICAC has deemed “not relevant”.

The District Court has heard Public Trustee worker Brian John Turner is still waiting for the watchdog to make “significant disclosure” of evidence about his alleged 2004-2006 offending.

It has also heard ICAC has yet to provide that evidence to the Office of the Director of Public Prosecutions, which now has to request it via an application through SA Police.

The revelation comes just days ICAC’s case against ex-Renewal SA boss John Hanlon collapsed because it had not disclosed key evidence to prosecution or defence counsel.

On Tuesday, it emerged additional evidence in that case – which was not provided to prosecution or defence counsel – further supported Mr Hanlon’s claims of innocence.

Brian John Turner outside court, with supporters, following his arrest in 2020. Picture: Mike Burton

Metadata sourced from Mr Hanlon’s phone following his business trip to Germany was consistent with his insistence he had visited six businesses in Berlin.

That data reinforces cell phone tower evidence – which ICAC did not disclose until days before the failed trial – placing Mr Hanlon’s phone in the vicinity of those businesses.

While other metadata-related evidence had been disclosed by ICAC in the aborted attempt to prosecute Mr Hanlon in the Adelaide Magistrates Court, the Berlin data was not.

Mr Turner, 75, of Felixstow, has pleaded not guilty to one count of having abused public office between April 1, 2004 and October 11, 2006.

At that time, he worked as an estates service officer for the Trustee, which is responsible for wills and administration.

Following Mr Turner’s arrest in June 2020, ICAC alleged he improperly and intentionally “failed to discharge or perform his official duties or function”.

By doing so, it alleged, he “caused injury or detriment” to a woman, and “secured a benefit” for two other people, to the value of $14 million.

On Monday, Mr Turner’s counsel was scheduled to seek to have the trial permanently stayed, but said that was no longer necessary thanks to “an undertaking” by prosecutors.

Former Renewal SA boss John Hanlon, right, with his barrister David Edwardson KC after the case against him collapsed. Picture: NCA NewsWire / Brenton Edwards

“We are still awaiting some significant disclosure, and it’s agreed between the parties there is still disclosure to be made,” Mr Turner’s lawyer said.

“We seek to have this matter adjourned until at least early in the new year, and have the trial listed thereafter.”

Ryan Williams, prosecuting, said the undertaking involved sourcing further evidence from ICAC listed on a schedule of materials provided to his office.

“We have disclosed all the material that is in our possession but there are still materials from ICAC that ICAC consider ‘not relevant’,” he said.

“Defence have identified material which could be relevant, and is in the process of going through the schedule and itemising which documents need to be requested.

“We will pass that request on to SA Police and, we anticipate, that material will be provided through police … I’m not able to give an estimate as to how long that will take.”

Judge Paul Muscat remanded Mr Turner on continuing bail to stand trial in December 2023.

Originally published as Trial of former public servant Brian John Turner delayed until 2023 as evidence ICAC deemed ‘not relevant’ probed by defence team