R v Michael John Issakidis [2015] NSWSC 834

Supreme Court New South Wales

Medium Neutral Citation: R v Michael John Issakidis [2015] NSWSC 834 Hearing dates: 1 June 2015 Date of orders: 26 June 2015 Decision date: 26 June 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Subject to orders 4 and 5, the proceedings against Michael Issakidis be stayed unless and until the Commonwealth Director of Public Prosecutions pays to him or at his direction the sum of $624,000.00.

(2) The notice of motion filed 19 March 2015 be otherwise dismissed.

(3) The directions hearing listed for 3 July 2015 be vacated.

(4) The proceedings be listed for mention on 24 July 2015 at 9.30 am.

(5) The parties have liberty to apply on 1 day's notice. Catchwords: CRIME – accused's first trial aborted on 55th day – trial continued against co-accused – co-accused convicted and sentenced to significant term of imprisonment – accused privately funded defence at first trial – trial aborted because of Crown's failure to disclose email chain and circumstance revealed that Crown had access to documents held by the Australian Taxation Office but accused did not – Crown intends to proceed to second trial – application for a stay based on Dietrich v The Queen – application for stay pending the payment by the Crown of costs thrown away at first trial – Crown case complex – accused unable to represent himself – first trial aborted because of fault of the Crown – accused's assets frozen in proceedings under the Proceeds of Crime Act 2002 (Cth) – accused's funds exhausted – accused not properly pursued application for legal aid – Dietrich not satisfied – applicant's circumstances and fault of the Crown justified stay pending payment of costs – form of order and quantification of costs