Warrant used for Smethurst raid declared invalid

Apr 14, 2020 at 09:27 pm by Staff


Almost two months after Australia's Federal Court knocked back an appeal against the validity of the warrant used in a raid on the ABC, the warrant used for the raid on News Corp reporter Annika Smethurst's home has been declared invalid.

But while the full bench found on the apparent technicality that drafting of the warrant lacked precision, they could not agree whether the material seized by police should be destroyed, which means they can still use it. Costs were awarded against the AFP.

News Corp Australasia executive chairman Michael Miller said the ruling sent "an indisputable message" that the federal police must obey the law and that their raid on Annika Smethurst's home was illegal.

"All Australians should be extremely concerned that a journalist's home can be raided illegally," he said. "It's now vital that the federal government must allow media organisations to contest warrants against journalists to avoid debacles like this one occurring again."

He said Annika Smethurst should not be prosecuted for "simply doing her job" as a journalist to inform Australians on serious matters of public interest. "It's time for the federal government to bring this sorry mess to a prompt end."

Last February the Federal Court dismissed a case brought by national broadcaster the ABC over validity of warrants used for a raid on its Ultimo, Sydney, headquarters. The ABC had argued that the scope of the warrant was "legally unreasonable".

Sections: Newsmedia industry

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