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Billionaire Clive Palmer’s human rights might have been impeded in his Queensland fraud case because prosecutors failed to disclose documents against him for years, a magistrate has ruled.
The mining magnate was successful on Friday in his application to have his matter referred to the Supreme Court of Queensland, over claims he and his family had suffered as a result of delays in the case.
Clive Palmer outside the Brisbane Magistrates Court on Friday.Credit: Cloe Read
But a Brisbane magistrate said the delays were also caused by Palmer, who had “taken issue” with several decisions of the court, taking the prosecution’s focus away from the case, and his threats of appeal “belittled” the businessman’s otherwise success.
In 2020, the Australian Securities and Investments Commission charged Palmer with two counts of fraud and dishonestly using his position as a director of his mining company Mineralogy.
The charges relate to the transfer of $12 million from Mineralogy to other companies, including the Palmer United Party. There are also charges from 2018 against Palmer Leisure Coolum Pty Ltd.
Palmer, who is defending the charges, and represented himself at a hearing in the Brisbane Magistrates Court on Friday, has also sought to fight the charges through civil proceedings.
Palmer told reporters outside court it was important to set precedents in the justice system, so other people could benefit from it.
“Of course, you know, I’m always under persecution from somebody at some time because my views are quite controversial,” he said.
Palmer said the matter stretched back to 2012, but for this particular case, he was not charged until 2018.
“And they haven’t completed disclosure in the last seven years,” he said.
Magistrate Cameron McKenzie earlier told the court the prosecution had been ordered to complete disclosure by July this year, but had not.
“In making that determination, I must say, I have some sympathy with the prosecution and the delays in progressing this matter through ... and it does not simply rest with the prosecution, it does rest heavily with Mr Palmer,” he said.
“The prosecution has been taken on a number of side steps and tangents with these proceedings, as has been well documented on many occasions in superior courts.
“Mr Palmer has unsuccessfully taken issue with nearly every decision made in this court, and indeed, numerous occasions in other courts.
“Those other proceedings would most likely have taken prosecution’s focus away from disclosure obligations.”
McKenzie was also critical of an earlier court hearing when Palmer had spoken about appealing.
“It is unfortunate that a businessperson as successful as Mr Palmer would think such content – effectively threatening appeal – would in any way be perceived to persuade this court. It belittles his otherwise success.”
McKenzie noted one of Palmer’s affidavits before the court spoke of the prejudice he and his family were suffering as a result of the delays of disclosure.
“In noting that those proceedings have been on foot for a number of years, that being five years and seven years respectively, and the issue of disclosure remains outstanding, I do consider that it may be possible Mr Palmer’s human rights have been impeded.”
McKenzie ordered for the matter to be referred to the Supreme Court.
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