PETROS Khalesirad and his legal team have had a win.
Their push to obtain documents from Hutchinson Builders about Keppel MP Brittany Lauga's Rockyview home and the construction costs have been granted by Rockhampton magistrate Cameron Press.
Last week the subpoena issue was before the courts ahead of Khalesirad's trial for alleged stalking of the Keppel MP resumes on December 14.
It is alleged Khalesirad stalked Mrs Lauga between February and August 2016 via SMS and social media.
Khalesirad argues he questioned a $250,000 discrepancy in the cost to build the Laugas' house - constructed by Mr Lauga's now former employer - as a matter of public interest.
Hutchinson Builders' lawyer Dale Cliff argued last week the documents requested in the original subpoena were largely irrelevant to Khalesirad's stalking case involving Mrs Lauga, were "vague" and the subpoena had been issued to the wrong person within the company.
Hutchinson Builders sought to have the original subpoena dismissed, which was what Mr Press yesterday ordered.
But he also ordered Khalesirad's legal team could issue a new subpoena with more clarification of the documents sought and it would now be addressed to "the proper officer".
Mr Press said he felt if the documents were not made available, Khalesirad could suffer "forensic disadvantage" in his stalking defence.
However, he did order the personnel files of Wayne Lauga be delivered to the courthouse in a sealed envelope by Hutchinson Builders to be viewed initially by the sitting magistrate in order to protect the confidential matters expected to be contained in the documents.
The new subpoena is expected to include the request for the personnel files, the documents and/or notes from meetings on February 10, 16 and 29 of 2016 and the schedule of works for the construction of the Lauga house.
The documents are to be delivered by December 8 ahead of Khalesarid's stalking trial recommencing.
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