Perhaps it was a botch up by the defense. However the article...

Perhaps it was a botch up by the defense. However the article says:

"Justice Chesterman said Mr Martens had consistently requested the documents since 2004, but the agencies did not produce the records."

So the prosecution either knew the records existed and failed to act accordingly, of they didn't bother to check in fear they would lose the case. Either way, it was a massive miscarry of justice and the perpetrators must be punished appropriately.