CROWN prosecutors may apply for the bail forfeiture hearing of a Mackay millionaire and alleged drug importer to be adjourned indefinitely because they are not allowed to rely on in-confidence police material.
Markis Scott Turner was granted bail on drug importation charges when his family offered a surety of $550,000.
But the Crown has asked for the money to be forfeited after Mr Turner failed to appear for court hearings. But Mr Turner's family claims he could not have appeared in court as he is dead.
The Australian Federal Police had attempted to tender information on their investigation into Mr Turner's disappearance, but only on the condition that it be sealed from public view, including the Turner family's lawyer, Peter Davis.
But Brisbane Supreme Court Justice Peter Flanagan said he was unlikely to accept the affidavit be tendered on that condition.
"I see it as a fundamental breach of natural justice," he said. "I have no difficulty with why the Australian Federal Police quite reasonably don't want that information to become public."
Commonwealth Crown prosecutor Aaron Guilfoyle said the information in the AFP statement was vital to proving Mr Turner was not dead.
He said if it was not allowed, the Crown would consider applying for the case to be adjourned until the investigation was completed.
But Mr Davis said he would apply for the case to be stayed if Mr Guilfoyle asked for such a long adjournment.
The case will reconvene later this month.
- ARM NEWSDESK