R v Michael John Issakidis [2015] NSWSC 834

R v Michael John Issakidis [2015] NSWSC 834

A temporary stay of proceedings should be granted against Mr Issakidis unless and until the Commonwealth Director of Public Prosecutions pays $624,000.00 for reasonable costs thrown away from the first trial, as the Crown's fault in failing to disclose material evidence and its privileged access to ATO documents caused unfairness amounting to injustice; the Dietrich claim is refused as Mr Issakidis has not properly exhausted efforts to obtain legal aid.

Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Criminal / Interlocutory (ruling on Stay of Proceedings Pending Payment of Costs)
Outcome
Application for temporary stay pending payment of costs granted; application for stay on Dietrich grounds refused; notice of motion otherwise dismissed.
Legal Topics
['stay of Proceedings' 'fair Trial' 'prosecutorial Disclosure' 'costs Thrown Away' 'asset Forfeiture' 'legal Aid']
['criminal Law' 'procedural Law'] ['stay of Proceedings' 'fair Trial' 'prosecutorial Disclosure' 'costs Thrown Away' 'asset Forfeiture' 'legal Aid']

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Procedural Posture

Criminal / Interlocutory (ruling on Stay of Proceedings Pending Payment of Costs)

Legal Issues

  1. 1 ['Whether proceedings should be stayed pending payment by Crown of costs thrown away from aborted first trial' 'Whether accused is entitled to stay of proceedings based on inability to obtain legal representation (Dietrich principle)' 'Whether Crown was at fault for non-disclosure and thereby caused unfairness justifying a stay']

Ratio Decidendi

A temporary stay of proceedings should be granted against Mr Issakidis unless and until the Commonwealth Director of Public Prosecutions pays $624,000.00 for reasonable costs thrown away from the first trial, as the Crown's fault in failing to disclose material evidence and its privileged access to ATO documents caused unfairness amounting to injustice; the Dietrich claim is refused as Mr Issakidis has not properly exhausted efforts to obtain legal aid.

Court Disposition

Application for temporary stay pending payment of costs granted; application for stay on Dietrich grounds refused; notice of motion otherwise dismissed.

Orders

  • ['Subject to orders 4 and 5, proceedings against Michael Issakidis stayed unless and until the Commonwealth Director of Public Prosecutions pays $624,000.00 to him or at his direction.' 'Notice of motion filed 19 March 2015 otherwise dismissed.' 'Directions hearing listed for 3 July 2015 vacated.' 'Proceedings...