WA farmer at centre of failed illegal workers trial sues Commonwealth for malicious prosecution

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“The failure of the Crown to fulfil its disclosure obligations has caused a substantial waste of the public resources,” he said.

Prior to the raid in March 2014, the Le family ran several successful businesses, including growing and selling about 9 million kilograms of tomatoes annually. Their main customers were Woolworths and IGA, which ceased dealing with the family and their companies after the raids were publicised.

By 2019, production was just 1 per cent of what it was prior to the raids and the turnover of the operation had fallen from about $15 million per annum to $150,000 per annum.

At the time, Mr Le said the ordeal had been emotionally and mentally draining.

“What my father set up in 35 years and handed down to the family is ruined,” he said outside court on February 26, 2019. “Nothing can fix that.”

Mr Le’s lawyer, Martin Bennett, told WAToday on Friday that Mr Le had suffered “massive loss”.

“Mr Le faced five years of prosecution of charges he had always denied and intended to fully defend and none of the trials ever proceeded past the prosecution case because the circumstance in which they were handled was so extraordinarily lacking that they were permanently stayed by the courts,” he said.

“Inevitably, five years of defending oneself from prosecution by the Commonwealth causes massive loss for which, when the stay is ordered, no compensation is provided.

“This is Mr Le’s legitimate attempt to recover some of the loss and damage that those aborted prosecutions caused.”

The court document, filed on February 26, said the case was in respect of the “prosecutions against the plaintiff having been commenced and continued with malice and without reasonable and probable cause”.

Mr Le had “suffered loss and damage by reason of the conduct” of the named individuals, according to the document.

It noted the prosecutions against Mr Le were terminated “in his favour” between 27 August 2018 and 24 May 2019 and said the CDPP and the Commonwealth were “vicariously liable” for the conduct of the respective individuals.

The CDPP has been contacted for comment.

Mr Le is seeking damages, interest and costs. The complex case is expected to run for at least 18 months.