Independent Commission Against Corruption senior investigator Susana Chan, 43, charged for allegedly obtaining sick leave by deceit, had her application for a permanent stay of proceedings dismissed by the District Court today.

Chan faced one count of fraud, and four alternative charges of an agent using a document with intent to deceive.

In dismissing the application, Deputy Judge Yau Chi-lap said there is no substance in the defence argument that surveillance carried out by the ICAC was unrelated to suspicion of malingering, adding surveillance is a useful tool in detecting misconduct.

The judge also ruled there is no evidence to support the defence assertion that the ICAC acted in bad faith in bringing the prosecution.

The judge dismissed the defence argument that the ICAC had no jurisdiction to investigate the case. He was satisfied the ICAC acted in accordance with legal advice in carrying out the investigation.