Where an accused has been compulsorily examined by the Australian Crime Commission before being charged, the prosecution team must not have access to the examination transcript, reports of the evidence, or the accused's evidence at a co-offender's trial that was a coerced repetition of the examination evidence. The presence of investigating officers at the examination is not unlawful where they are Commission staff, but the trial judge retains discretion to exclude their evidence if derived from the examination in a way that improperly affects the accusatorial nature of the trial. The principles in Lee v The Queen are not limited to cases where disclosure breached a non-publication direction but apply to any disclosure of compulsorily obtained evidence to prosecuting authorities.
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