Weeks Later, DPP Still Has No File: Planning Enforcement Charges Dismissed

By Alric Lindsay

Weeks ago, the Chief Magistrate gave the Office of the Director of Public Prosecutions a deadline. Today, August 13, 2026, that deadline expired — and the file still could not be found by the DPP. Accordingly, the charges against the defendant, Neville Antonio Faulknor, were dismissed.

Faulknor had been facing two counts of failure to comply with an enforcement notice and one count of failing to comply with a maintenance of land notice. However, today, DPP Crown Counsel Wedderburn said he had “No confidence” that the DPP will find original files and he was “unaware of the history of the matter,” leaving it in no position to assist the court.

After hearing from DPP Crown Counsel, the Chief Magistrate noted that the DPP was offering no evidence and entered a formal verdict of not guilty on all three charges which have been ongoing since 2024.

Faulknor signals costs application

Faulknor indicated to the court that he intends to apply for costs, telling the Chief Magistrate that he has been travelling back and forth to court over a long period. The Chief Magistrate provided him with the relevant file numbers for that purpose.

The deadline the DPP missed

Today’s outcome follows the hearing of July 30, 2026, when the Chief Magistrate delivered a pointed rebuke to the prosecution over the same missing file. As Blackbox Insights reported at the time, the court heard that the DPP had been unable to produce the papers since July 7, and Crown Counsel said the DPP was not in a position to act.

The Chief Magistrate gave the prosecution a final two weeks and set the next hearing for August 13 — today — indicating that if the papers were still not produced she would invite Faulknor to make an appropriate application to bring the long-delayed matter to an end.