Bell v. The Queen
Case No.
A30/2021
Case Information
Lower Court Judgment
03/12/2020 Supreme Court of South Australia (Full Court) (Kourakis CJ, Peek and Blue JJ)
Catchwords
Criminal law – Procedure – Stay of proceedings – Powers of Independent Commissioner Against Corruption (ICAC) – Where, in 2014, ICAC commenced investigation into applicant – Where, in 2017, ICAC forwarded matter to Director of Public Prosecutions (DPP) and provided evidentiary material gathered in course of investigation – Where DPP decided to prosecute applicant – Where ICAC officers assisted DPP to prepare for trial – Where applicant applied for permanent stay – Where District Court dismissed application and Full Court dismissed appeal – Whether Independent Commissioner Against Corruption Act 2012 (SA) authorised ICAC to refer matter, provide evidentiary material and otherwise assist DPP in prosecution – Whether ICAC conduct abuse of process justifying permanent stay.
Documents*
13/08/2021 Hearing (SLA, Canberra by video-connection)
27/08 /2021 Notice of appeal
01/10/2021 Written submissions (Appellant)
01/10/2021 Chronology (Appellant)
29/10/2021 Written submissions (Respondent)
19/11/2021 Reply
15/03/2022 Hearing (Full Court, Canberra) (includes pronouncement of orders) (Audio-visual recording)
15/03/2022 Outline of oral argument (Appellant)
15/03/2022 Outline of oral argument (Respondent)