Prosecutors in a criminal case against Queensland businessman Clive Palmer have taken a step forward after years of legal wrangling over fraud and dishonesty charges.
In the latest hearing in Brisbane Magistrates Court on Friday, prosecutors applied to move the case to the committal stage, where they would have to prove they had enough evidence to take the matter to trial.
Barristers for Palmer and his business sought to adjourn the matter until they received what they described as full disclosure of the evidence or adjourn the matter indefinitely.
Crown prosecutor Paul McGuire SC accused Palmer’s legal team of “attempting to derail the case” or adjourning it “to the never never”.
“One witness is 75 years old; he’s not getting any younger,” Mr McGuire said.
Palmer’s barrister Peter Dunning KC said the Crown’s case was “misconceived” and there was never any suggestion of dishonesty by Palmer.
“On my side, there has been a persistent attempt to progress this matter,” Mr Dunning said.
The charges centre on an allegation that Palmer and his Palmer Leisure Coolum business broke the law when attempting to buy out timeshare investors in his Sunshine Coast resort.
The Australian Securities and Investments Commission (ASIC) alleged Palmer Leisure Coolum announced a takeover bid for the timeshare business, The President’s Club, in April 2012 but did not make an offer within the legally required two-month period.
ASIC charged Palmer Leisure Coolum in April 2018 with violating the Corporations Act and charged Palmer with aiding or procuring the company to commit the offence.
Mr Dunning told the court that he needed the full brief of evidence when deciding whether to call witnesses for a committal but some materials from the prosecutor were missing or redacted.
“The matter needs to be adjourned until disclosure is complete,” Mr Dunning said.
Mr McGuire said the redacted materials were internal ASIC emails that did not fall under the rules of disclosure.
“There’s no doubt (the defence) know what this case is about as they have been complaining about it for years,” Mr McGuire said.
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Magistrate Joseph Pinder said the prosecution had disclosed what it needed to.
“This matter has an extremely sorry history … Clive Palmer has had charges against him for more than three years and (the prosecution) needs to present a case,” Mr Pinder said.
The magistrate said the application by Palmer’s defence team to have the matter adjourned to what he described as the “12th of never” while they appealed to other courts was “unmeritorious”.
“There’s no impediment to proceedings continuing,” Mr Pinder said.
The matter was adjourned until August 7 for a committal mention.
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