Journalist's Facebook arrest: transcript of police interview 4

A day after Tasmanian Times reported a 71-year-old pensioner’s account of a raid on his two-room flat by Australian Federal Police (Raid by the AFP on an age pensioner: HERE ) comes this transcript of a journalist’s arrest …

This is an edited transcript of the recording made by journalist Ben Grubb during his police interview and brief arrest over the reporting of a Facebook ‘break-in’. The police officers present gave permission for the interview to be recorded.

Begins 4.19pm, Tuesday, May 17.

Detective Superintendent Errol Coultis (EC) : [we received] a complaint from Chris Gatston.
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Ben Grubb (BG): Gatford.

EC: Gatford. Sorry. About the article. Well not so much about the article but more to the point about what’s alleged in the article. Ok? We’ve received some information about it all up and we want to ask you some questions about it but under our law we are not allowed to ask you these questions we want to ask without giving you your cautions and your rights. Do you understand that?

BG: Yes […] are you charging me or?

EC: No. You’re not under arrest at the moment ok? We’re not..

Ben: At the moment?

EC: Well. Sorry. That was a, you’re not under arrest. And I don’t expect to place you under arrest.

BG: So what do you want to ask me?

EC: All right.

BG: Sorry. What are my rights?

EC: I’ll give you the rights straight up just so that we’re perfectly clear. The first one is that you do have the right to remain silent. That means that you do not have to say anything, answer any questions or give any statements unless you wish to do so. We are recording our conversation hear just as you are recording our conversation and that may later be used in evidence in court if we ever get that far. Do you understand that?

BG: Yeah.

EC: The second right is that you also

Female officer: Oh

[The recording gets interrupted because the female officer’s iPhone, which was recording the conversation, gets a call]

Female officer: Will that stop the recording?

EC: I hope not …

BG: You might want to start it again.

EC: Want to start it again [he looks to female police officer]?

BG: Maybe put it in airport mode? […] That’ll turn the Wi-Fi off but [BG gives advice about how to prevent further calls]

EC: So the time per my phone is 4.21pm and it’s Tuesday the 17th 2011. Just so that the recording is accurate we’ve previously spoken to you already. Would you agree with that Ben?

BG: Yes.

EC: I’ve given you my names and details but I’ll give it to you again for the purposes of the recording. My name is Errol Coultis I’m detective senior constable of the Queensland police service. I’m a member of the fraud and corporate crime investigation group. My registration is 11799 […] Ben, could you state your name please?

BG: Ben Grubb and I’m at the Sydney Morning Herald.

EC: Sydney Morning Herald? Now just before we were interrupted in the previous recording by a phone call I just stated that we wanted to talk to you in relation to a complaint we received ok? From Chris Gatford and it relates to an alleged exploitation of […] his wife’s Facebook account and some related matters to that. As I stated before, I talked to you about this issue which we have to deal with. I obviously cautioned you and you wanted me to tell you your rights. And I explained to you and I will explain to you again that you do have the right to remain silent. Ok? That means that you do not have to say anything, you don’t have to answer any questions or make any statements unless you wish to do so. Anything you do so will hopefully typically be recorded, it may later be used as evidence in court. Do you understand that for me?

BG: Yes.

Read more: http://www.smh.com.au/technology/technology-news/journalists-facebook-arrest-transcript-of-police-interview-20110518-1esrr.html#ixzz1MjxRln27