ACCC v Pratt - "ACCC says emails about Richard Pratt prosecution lost"

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Media Report

Key emails relating to the prosecution of cardboard king Richard Pratt may be lost, a court has been told.

Computer problems mean the emails, relating to correspondence between senior Australian Competition and Consumer Commission (ACCC) officials, have been corrupted.

Back-up tapes on which the emails are stored may be sent to the US to see if the data can be retrieved, the Federal Court heard today.

The emails form part of a swag of documents the Visy Industries boss, who is facing criminal proceedings for misleading the ACCC, has been granted access to.

[...]

Prosecutor Kerri Judd SC denied anything sinister was behind the emails not being able to be accessed, saying they were "physically" corrupted, possibly caused by a scratch to the tape.

She said many of the emails contained on the tape could be retrieved by other means.

Court Orders (Extract)

7. Each person or party subject to a subpoena for the production of documents, in respect of which a full return has not been made or privilege has been claimed, file and serve by 21 November 2008 an affidavit indicating:
(a) the extent to which that person or party has to the date of the affidavit produced documents in compliance with such subpoena;
(b) in respect of each document required to be produced which that person or party claims to be subject to legal professional privilege, the basis of such claim.

8. The costs of the parties and all subpoenaed persons of this day be reserved.