The case against Sean Gregory Hobbs and Andrew Allan Jaunay came before Adelaide Magistrates Court today with magistrate Brett Dixon ordering commissioner Bruce Lander provide the documents requested to defence counsel.
Dixon ruled the material was evidentiary in nature but stayed his order for seven days to allow the commissioner to consider his options.
ICAC objected to production of the material and said it was legitimately obtained through proper use of its investigative powers.
The commissioner argued the material had no bearing on any potential defence to the charges before the court.
Dixon said the defence counsel for Hobbs had argued that some or all of the material should not have found its way through ICAC and into the hands of prosecutors.
“The applicant argues, if they are correct, the criminal investigation is tainted and there should be a permanent stay of the prosecution,” the magistrate said.
“In the circumstances, I find there is a legitimate forensic purpose in the defence seeing those documents.”
Hobbs has been charged with one count of aggravated assault causing harm and Jaunay with one count of aggravated assault relating to an incident in Whyalla.
Their case will return to court on August 16.
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