Day two ended on Wednesday with no outcome or decision reached on the matter. Ark Tribe's defence lawyers tested whether the ABCC inspectors had the authority to investigate and use coercive powers.

The trial, now into its third day continues with witness evidence likely to be concluded Thursday. The Magistrate will then receive written submissions and a date will be set for final submissions.

Ark's lawyers argued on Wednesday that the persons who conducted the investigation lacked the proper authority therefore he should not be convicted.

During the first day at Adelaide’s Magistrates court, Ark’s lawyers were on the front foot as they argued the case brought against him was unlawful and illegal.

It was also revealed during the course of proceedings, that Australian Building and Construction Commission (ABCC) inspector Seamus Flynn admitted he had no evidence that Ark Tribe even attended the union meeting in question. Yet the ABCC’s coercive powers were used anyway.

Michael Abbott, QC, for Ark, said “the law required investigators to believe, on reasonable grounds a unionist could assist a hearing before requiring them to attend.”

The key witness’s testimony was frequently interrupted as Federal prosecutors objected to questions asked by Ark’s lawyer. He had to leave the court several times as counsel argued points of law.

The trial, before Magistrate David Whittle, continues.