Lawyers Want Investigation into Tas Police Eavesdropping

Media release – Tasmanian Prisoners Legal Service and the Australian Lawyers Alliance (ALA), 31 August 2022

Govt urged to investigate Tasmanian police use of listening devices & its oversight regime

The Tasmanian Prisoners Legal Service and the Australian Lawyers Alliance (ALA) jointly call upon the State government to hold a commission of inquiry into Tasmania Police practices in relation to seeking and executing warrants for the use of listening devices.

“The Prisoners Legal Service and the Australian Lawyers Alliance are both seriously concerned about the findings made yesterday in the Supreme Court of Tasmania in the prosecution of Jeffrey Ian Thompson,” said Fabiano Cangelosi, Hobart barrister and spokesperson for the ALA.

“The findings indicate that Tasmania Police engaged in a gross violation of confidential communications between inmates of Risdon Prison and their legal representatives.

“Such conduct had the capacity to undermine the administration of justice.”

At paragraph [35] of the judgment, the Court said:

“I am simply not persuaded that police took sufficient care to either inform the magistrate of the proper operation of the system nor to obviate any risks related to the potential for the recording and/or monitoring of unrelated private or privileged conversations. The public interest in ensuring that such conversations are protected from unlawful surveillance by law enforcement authorities is of significant importance.”

“The practices of Tasmania Police in seeking and executing warrants for the use of listening devices, and the efficacy of the current oversight regime, must be reviewed,” said Mr Cangelosi.

Media release – Dr Rosalie Woodruff MP, Greens Justice spokesperson, 31 August 2022

Secret Police Recordings Demand Response from Minister Ellis

Revelations Tasmania Police left secret recording devices in a confidential prison meeting room continually recording for two months are extremely disturbing. Police will have digitally captured many sensitive and privileged conversations between clients and their lawyers, and potentially other parties including psychiatrists, psychologists, and religious guides.

Police Minister Felix Ellis must explain what occurred to enable this two month-long secret taping of privileged conversations. These secret open-ended recordings have the potential to erode trust in police and the state’s justice system.

As a consequence of this bungled process, evidence in relation to serious allegations will not be admitted to court. This is a lose, lose situation for justice.

This is a grave matter, and the Police Minister must provide clear information about what’s occurred.

Were other conversations taped in this confidential room, in addition to the ones Tasmania Police sought a warrant for, accessed by any police officer?

Police evidence suggests they have no way of identifying if this has occurred. If true, that is entirely unacceptable and raises questions about police practices of confidential data storage and access.

Have there have been other instances of privileged conversations recorded, outside of any that were the subject a warrant?

Minister Ellis must provide clear, detailed explanations of what changes will be made to ensure this never happens again. No privileged conservations, unless subject to a court warrant, should be recorded by police.

The Police Minister must reassure Tasmanians that systems are in place to identify when information is accessed, and by whom, on recording devices. This is in the interest not only of legal rights, but of justice being served.

TAS POLICE: We Respect Court Decision in Thompson Matter.