Burke trial could be delayed

Former premier Brian Burke's trial over allegations he lied to the Corruption and Crime Commission could be delayed further unless the prosecution outlines its case, Mr Burke's lawyer has warned.

At a hearing before Chief Magistrate Stephen Heath in Perth today, defence lawyer Stephen Lemonis said the Director of Public Prosecutions had yet to fully disclose its case against Mr Burke less than three months before he is due to go on trial.

Mr Burke has been charged with five counts of giving false or misleading evidence to the CCC during the Smiths Beach inquiry in 2006.

He was originally due to stand trial last month but was granted an application to have it postponed on grounds that he needed a back operation.

Mr Lemonis said he would also seek to adjourn the rescheduled March trial date unless the DPP was more forthcoming in its case.

He said there were two areas where the DPP had not disclosed the evidence it intended to call, namely to what extent it would rely on the transcripts of telephone intercepts between Mr Burke and various parties and what the evidence of three witnesses would be.

According to Mr Lemonis, failure by the DPP to disclose the evidence "may lead to an appeal to further delay the trial".

"We have March dates on the understanding that everyone would work appropriately," he said.

"We (Mr Lemonis and the DPP) had a meeting on November 5 to discuss these matters and it is only yesterday that action started to happen."