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ICAC to review Hanlon investigation after case dropped

South Australia’s anti-corruption commissioner says she will review an investigation conducted by her predecessor into former Renewal SA boss John Hanlon, after charges against him were dropped for the second time in court.

Nov 10, 2022, updated Nov 10, 2022
Independent Commissioner Against Corruption Ann Vanstone KC. Photo: Tony Lewis/InDaily

Independent Commissioner Against Corruption Ann Vanstone KC. Photo: Tony Lewis/InDaily

In a statement this morning, Independent Commissioner Against Corruption Ann Vanstone said she would tomorrow return to work from annual leave to oversee a review of the investigation into Hanlon and to provide a briefing to Attorney-General Kyam Maher.

It comes after the Director of Public Prosecutions yesterday dropped its case against Hanlon in the District Court.

It was the second time that charges had been dropped against Hanlon, in a case that stemmed from an ICAC investigation overseen by former commissioner Bruce Lander.

The original case against Hanlon and fellow Renewal SA executive Georgina Vasilevski collapsed last year in the Adelaide Magistrates Court, when prosecutor Peter Longson conceded the DPP’s office did not have sufficient evidence to prove their guilt.

But the DPP later filed an “ex officio” action in the District Court, seeking to pursue charges against Hanlon alone, of abuse of public office and dishonestly dealing with documents, relating to a 2017 work trip to Berlin.

Prosecutors yesterday dropped that case on the day the trial was due to start – prompting strong rebuke from Hanlon, who said his legal team had spent “thousands of hours… trying to unravel what has been going on in this state in our agencies that are responsible for corruption and integrity”.

Vanstone this morning said she knew “little” of the case as the investigation took place before she started in the role in September 2020, but she was aware of claims made by Hanlon’s defence counsel that ICAC investigators acted improperly and withheld evidence.

She understood that the case was dropped when prosecutors failed to secure an adjournment for the purpose of making arrangements for key witnesses living in Germany to give evidence.

“I will oversee a review of the investigation and of the conduct of those involved in it,” she said.

“Then, I will give the report of the review to the ICAC’s Reviewer, the Honourable John Sulan KC, and discuss it with him.

“If it is appropriate to report publicly on what I find, then I shall.”

Vanstone said it was not “apparent” that any ICAC investigator acted unlawfully, but she would investigate that allegation.

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She said it was for the DPP – not the ICAC – to decide what matters should be prosecuted or how they should be prosecuted.

“He makes that decision having regard to whether there are reasonable prospects of conviction and whether a prosecution is in the public interest,” she said.

“The decisions to charge Mr Hanlon originally and to later file an ex officio information against him in the District Court were not made by me. Nor did I have any input into them.”

“The Commission plays no role in arranging for witnesses to appear in court.”

As part of her review, Vanstone said she would examine the decision to commence the investigation, as well as the conduct and length of that investigation.

She said she would also examine the brief of evidence that was provided to the DPP.

“I would have no objection to any independent examination of the Commission, if that is the wish of the Government,” she said.

SA Best MLC Frank Pangallo has called for a royal commission into the integrity body.

Pangallo, who led changes to the ICAC Act last year, said the reforms which severely limited the scope of the ICAC’s activities “may not have gone far enough”.

Meanwhile, Premier Peter Malinauskas described the outcome of the Hanlon case as “truly shocking”.

InDaily contacted the DPP yesterday for comment but is yet to receive a reply.

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