Australian Federal Police put their case at Federal Court hearing about their raid on ABC
No role’ for implied freedom of political communication in ABC raid decision: AFP, The Age Michaela Whitbourn, October 29, 2019 The ABC had “no basis” for claiming the implied freedom of political communication acted as a handbrake on a court’s power to issue a warrant to the Australian Federal Police to raid its Sydney headquarters, lawyers for the police have told the Federal Court.
The national broadcaster is challenging the legal validity of the search warrant authorising the June 5 raid on its offices in Ultimo and is seeking the return of documents seized at the time.
After a series of preliminary legal fights earlier this year, the full hearing in the Federal Court commenced on Monday and continued on Tuesday with submissions from the federal police.
The ABC is challenging the warrant on four bases, including the decision to grant the search warrant, made by a Local Court registrar, fell foul of the implied freedom of political communication in the Commonwealth Constitution…….
In documents filed in court, the ABC argues the implied freedom is relevant and “investigative journalism in the public interest that relies on information provided to journalists by confidential sources … is fundamental to the maintenance of the Australian system of representative democracy” which is provided for in the Australian Constitution. ……
David William McBride, a former military lawyer, has previously admitted leaking material to the ABC that formed the basis of its reports and has been charged with a range of criminal offences.
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