Director of Public Prosecutions v Green

The matter before the court was an appeal by the Director of Public Prosecutions against the decision of a Local Court judge to dismiss charges under sections 80(c) of the ICAC Act, which pertain to the giving of false or misleading evidence. The dispute arose from the answers given by the respondent during an ICAC hearing. The court had to determine whether the answers were protected under section 37(3) of the ICAC Act, which provides that answers given under oath at an ICAC hearing cannot be used in criminal proceedings against the person who gave them, unless certain conditions are met. The central issue was whether the evidence given by the respondent at the ICAC hearing was protected from use in criminal proceedings and, if so, whether the prosecution had met the necessary criteria to use it.

The court considered the plain language of section 37(3) of the ICAC Act, which sets out the conditions under which evidence given at an ICAC hearing may be used in criminal proceedings. It noted that the protection provided by the section is not absolute and can be overridden if the criteria specified in the section are satisfied. The court held that the prosecution had met the necessary criteria and that the evidence given by the respondent at the ICAC hearing was not protected from use in criminal proceedings. The court found that the evidence was relevant and necessary to prove an offence under section 80(c) of the ICAC Act and that the respondent had been given an opportunity to challenge the evidence and to adduce any evidence in response.

The court concluded that the evidence given by the respondent at the ICAC hearing could be used in the criminal proceedings and that the Local Court judge had erred in dismissing the charges. The appeal was therefore allowed, and the matter was remitted to the Local Court for further proceedings. The court did not make any orders as to costs.