The full bench of the High Court of Australia on Tuesday afternoon revoked the granting of special leave to appeal sought by Independent Mount Gambier MP Troy Bell.
Sitting in courtroom one in Canberra, the five justices heard argument from Mr Bell’s lawyers as well as those for the Crown and then made their unanimous decision.
Mr Bell was seeking to overturn a judgement of the South Australian Supreme Court and this now still stands.
Adelaide QC Marie Shaw headed Mr Bell’s three-person legal team.
Appearing for the Crown were fellow silk and South Australian Director of Public Prosecutions Martin Hinton and two other barristers.
Mr Bell was charged with various fraud offences in 2017 and has since vigorously maintained his innocence.
The matter has yet to go to trial as his lawyers have repeatedly sought a permanent stay of proceedings in lower courts citing flaws in the ICAC investigation process.
The High Court ruling comes within days of the State Election on Saturday where Mr Bell is seeking a third term in office.
Mr Bell said he was “delighted with the comments made by the High Court”.
“The High Court has made it plain that every prosecution needs to be investigated by police and not the ICAC. It’s not just a victory for me but for all those that have been subject to the ICAC,” he said.
“From the outset I have been concerned about the manner in which I have been investigated and prosecuted. The High Court today has confirmed that I was investigated unfairly.
“By extracting the undertaking from the Director of Public Prosecutions the High Court secured, no one will again be investigated in the way I was.”