Millionaire mining contractors Ron Sayers and Peter Bartlett have asked the WA Supreme Court to throw out conspiracy charges after two alleged Sydney tax cheats walked free because of bungles by Federal authorities.
Mr Bartlett, Mr Sayers and their co-accused, accountant Deborah Grace, are seeking to obtain documents from the Australian Crime Commission and the Commonwealth Director of Public Prosecutions ahead of a hearing next month of an application to have their charges permanently stayed.
They are to face a jury in February on charges that they conspired to dishonestly cause a loss to the Commonwealth between 2002 and 2004.
Prosecutor Alan Troy revealed yesterday that the application to have the prosecution stopped related to compulsory examinations involving the alleged conspirators and the publication of material to prosecution lawyers.
He pointed to a decision in the prosecution by Federal authorities of Sydney tax lawyer Ross Edward Seller and accountant Patrick David McCarthy.
In August, NSW Supreme Court judge Peter Garling permanently stopped the prosecutions after finding breaches in material gathered in secret ACC examinations being given to Commonwealth DPP lawyers and seen by a tax office official who was to provide expert testimony.
The NSW men had been enmeshed in the Wickenby investigation into offshore tax schemes and were questioned under the ACC's coercive powers.
Mr Troy said there was an appeal against the judge's decision but it might not be heard for some time.