AFP search for Corby docs 'invalid'

Updated: 13:07, Wednesday March 26, 2014

Search warrants issued to the Australian Federal Police to raid the offices of Seven West and Pacific Magazines over an interview with Schapelle Corby have been quashed.
The Federal Court ordered on Tuesday that a raft of search warrants issued to the AFP in February be quashed as invalid and to no effect.
The court order covers warrants used to raid the offices of Seven West Media, Pacific Magazines and Addisons Lawyers in search of documents related to possible arrangements between Seven West and its associated companies for an interview with the convicted drug smuggler.
It comes after Seven West was ordered on February 11 to produce any documents relating to arrangements of the publication of a story on Corby.
The AFP argued such interviews could constitute a breach of proceeds of crime laws.
A number of documents were produced three days later, including a January letter from New Idea to Corby's sister Mercedes, confirming an agreement for an exclusive interview, the Federal Court judgment states.
Under the header Fee' the letter stated New Idea's publisher, Pacific Magazines, would pay Mercedes a total of $25,000 within two weeks of the article hitting the stands.
Other documents produced included a letter from February 7 from Seven Network to Mercedes for an 'exclusive' interview with journalist Mike Willesee for their program Sunday Night.
The letter recorded Mercedes Corby's agreement to not only do the interview, but also 'use her best endeavours' to get her sister involved.
Seven would pay for Mercedes, Schapelle and the rest of the family to be located in a secure villa for the duration of the 'exclusivity period', the federal court judgment states.
But following the production of these documents, the AFP said Seven West had still not complied with the production order and so they applied for search warrants.
AFP officers then raided the media organisations. Days later, the AFP confirmed that an order saying those raided were 'reasonably suspected of having committed' an offence was an 'innocent word-processing error'.
During a subsequent hearing at the Federal Court, lawyers for Seven West and the other parties argued this error made the search warrants invalid.
Judge Jayne Jagot agreed, saying on Wednesday they were 'materially affected by legal error' and should be quashed.
In a statement, Seven welcomed the decision and said it was seeking payment of its legal costs by the AFP.
A hearing on costs will be held at a later date.
Corby, 36, spent more than nine years in jail after being found guilty of attempting to smuggle more than four kilograms of marijuana into Bali in a bodyboard bag.
She was released on parole on February 10 and promptly whisked away to a luxury resort.
Earlier this month, the AFP announced it was dropping the investigation into Corby, saying that Indonesian authorities had clearly outlined any paid interview would be in breach of her parole.
It comes after Seven West was ordered on February 11 to produce any documents relating to arrangements of the publication of a story on Corby.
The AFP argued such interviews could constitute a breach of proceeds of crime laws.
A number of documents were produced three days later, including a January letter from New Idea to Corby's sister Mercedes, confirming an agreement for an exclusive interview, the Federal Court judgment states.
Under the header Fee' the letter stated New Idea's publisher, Pacific Magazines, would pay Mercedes a total of $25,000 within two weeks of the article hitting the stands.
Other documents produced included a letter from February 7 from Seven Network to Mercedes for an "exclusive" interview with journalist Mike Willesee for their program Sunday Night.
The letter recorded Mercedes Corby's agreement to not only do the interview, but also 'use her best endeavours' to get her sister involved.
Seven would pay for Mercedes, Schapelle and the rest of the family to be located in a secure villa for the duration of the 'exclusivity period', the federal court judgment states.
But following the production of these documents, the AFP said Seven West had still not complied with the production order and so they applied for search warrants.
AFP officers then raided the media organisations.
Days later, the AFP confirmed that an order saying those raided were 'reasonably suspected of having committed' an offence was an 'innocent word-processing error'.
During a subsequent hearing at the Federal Court, lawyers for Seven West and the other parties argued this error made the search warrants invalid.
Judge Jayne Jagot agreed, saying on Wednesday they were 'materially affected by legal error' and should be quashed.
In a statement, Seven welcomed the decision and said it was seeking payment of its legal costs by the AFP.
A hearing on costs will be held at a later date.
Corby, 36, spent more than nine years in jail after being found guilty of attempting to smuggle more than four kilograms of marijuana into Bali in a bodyboard bag.
She was released on parole on February 10 and promptly whisked away to a luxury resort.
Earlier this month, the AFP announced it was dropping the investigation into Corby, saying that Indonesian authorities had clearly outlined any paid interview would be in breach of her parole.