R v Dickson; R v Issakidis (No 12) [2014] NSWSC 1595

R v Dickson; R v Issakidis (No 12) [2014] NSWSC 1595

The trial of Michael John Issakidis had become unfair because he was not given disclosure of, or a means of access to, a pool of potentially exculpatory material held by the Australian Taxation Office to which the Crown had apparent unfettered access, and that pool was shown to contain exculpatory material including MFI 47B and MFI 48. He also did not receive disclosure of MFI 47A even though he was entitled to it. The prejudice could not be remedied in the time available by recalling witnesses or searching the database. The jury was therefore discharged in respect of him. The separate trial application was refused because the applicant had not identified a particular body of evidence...

Jurisdiction
Australia
Judgment Date
10 November 2014
Procedural Posture
Criminal Proceedings / Application by Michael John Issakidis for Discharge of the Jury and for a Separate Trial During Trial
Outcome
Application by Michael John Issakidis that the jury be discharged granted; application by Michael John Issakidis for a separate trial refused.
Legal Topics
['discharge of Jury' 'late Disclosure' 'prosecution Disclosure Obligations' 'access to Australian Taxation Office Documents' 'separate Trial' 'conspiracy' 'fair Trial']
['criminal Law' 'criminal Procedure' 'evidence'] ['discharge of Jury' 'late Disclosure' 'prosecution Disclosure Obligations' 'access to Australian Taxation Office Documents' 'separate Trial' 'conspiracy' 'fair Trial']

Case Brief

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Procedural Posture

Criminal Proceedings / Application by Michael John Issakidis for Discharge of the Jury and for a Separate Trial During Trial

Legal Issues

  1. 1 ['Whether late provision of material, including material copied or held by the Australian Taxation Office, made a fair trial for Michael John Issakidis no longer possible.' 'Whether material held by the Australian Taxation Office was accessible to the Crown in a way that created unfairness because the defence lacked comparable access.' 'Whether the prejudice from late disclosure could be remedied by measures short of discharging the jury, such as recalling witnesses or limiting use of material.' 'Whether Michael John Issakidis should be granted a separate trial by reason of differences in the evidence concerning him and Anthony James Dickson.']

Ratio Decidendi

The trial of Michael John Issakidis had become unfair because he was not given disclosure of, or a means of access to, a pool of potentially exculpatory material held by the Australian Taxation Office to which the Crown had apparent unfettered access, and that pool was shown to contain exculpatory material including MFI 47B and MFI 48. He also did not receive disclosure of MFI 47A even though he was entitled to it. The prejudice could not be remedied in the time available by recalling witnesses or searching the database. The jury was therefore discharged in respect of him. The separate trial application was refused because the applicant had not identified a particular body of evidence...

Court Disposition

Application by Michael John Issakidis that the jury be discharged granted; application by Michael John Issakidis for a separate trial refused.

Orders

  • ['The trial of Michael John Issakidis is postponed and the jury is discharged in respect of him.' 'The application by Michael John Issakidis for a separate trial is refused.']