by AustraliaSteve » Sat Aug 31, 2024 7:53 pm
Yeah mad. Thanks for sharing the link.
Here’s an article from the Herald Sun today, almost certain the figures in question are Rafael and Rafaelle Alvaro; the time in custody, the location of the courts and relevant dates, from SA and if course the lawyer. This is why there’s been no more hearings beyond the initial committal where I believe it was handed up to the high court, and also kept them in custody.
subscriber-breach-pixel
Accused criminals entangled in the massive AN0M police sting plan High Court appeal
Two allegedly senior organised crime figures entangled in the massive police “sting of the century” have laid out grounds for a High Court appeal with huge potential implications for big underworld names.
Mark Buttler
and
Miles Proust
2 min read
September 1, 2024 - 5:00AM
Sunday Herald Sun
Accused criminals entangled in the massive AN0M police sting have laid out grounds for a High Court appeal with huge potential implications for big underworld names.
The two men — who cannot be named for legal reasons — have lodged applications to have the High Court hear an appeal on a range of grounds after AN0M evidence against them was last year ruled admissible.
Those South Australian men, alleged to be senior organised crime figures, say their state’s Supreme Court erred in giving AN0M material the green light for use in a firearms case against them.
They are believed to be the only figures headed to the High Court.
It is viewed as a key test for the legality of AN0M’s use in charging and prosecuting and is being carefully watched by others on remand, including bikies and Italian organised crime figures.
Legal paperwork the men’s lawyers have lodged says 450 people were arrested in the sweep with cases ongoing in multiple Australian jurisdictions.
Two men have lodged applications to have the High Court hear an appeal on a range of grounds after AN0M evidence was ruled admissible. (Photo by Olivier MORIN / AFP)
Two men have lodged applications to have the High Court hear an appeal on a range of grounds after AN0M evidence was ruled admissible. (Photo by Olivier MORIN / AFP)
Among those charged are the likes of Comanchero Mark Buddle, bikie strongman Christian Taumefolau and western suburbs kickboxer Omar Dib.
AN0M was a phone app sold to gangland figures on the basis it was surveillance-proof, but it was actually a trojan horse for investigators who received copies of messages sent.
Millions of them were harvested and later examined by the Australian Federal Police and the US Federal Bureau of Intelligence.
The South Australian men, who have been in custody without conviction since June 2021, effectively argue that the police had gathered the evidence without a warrant.
The counterargument is that there was no interception of messages.
AN0M worked by copying messages sent via the app and transmitting it to the AFP, along with other information such as the sender’s GPS location.
Comancheros Boss Mark Buddle was among those charged. Picture: Jake Nowakowski
Comancheros Boss Mark Buddle was among those charged. Picture: Jake Nowakowski
The High Court submission argued that the SA Supreme Court erred when it failed to find that sending a text message is the start of its passage via a telecommunications system.
It argued the covert copying and transmission of a message after it was sent was an unlawful interception under the Telecommunications Act because police did not have a warrant.
But the SA Supreme Court found there was no breach of the act because the message had already been copied in the AN0M app prior to it being transmitted to the AFP.
The High Court challenge threatens to further delay criminal proceedings, with some accused facing the prospect of spending five years on remand before facing trial.
In July, accused Melbourne drug kingpin Danny Zayneh was granted bail despite allegations he had access to $5m in hidden cash and told associates he planned to flee the country.
Despite the flight risk, Supreme Court Justice James Elliott said the delay of Mr Zayneh’s trial was “intolerable” and may not commence until 2027.
“Even on the most favourable estimate, the delay in this case is as unacceptable as it is extraordinary,” he said in his ruling.
The South Australian men’s lawyer, Dominic Agresta of Iles Selley, declined to comment.
Yeah mad. Thanks for sharing the link.
Here’s an article from the Herald Sun today, almost certain the figures in question are Rafael and Rafaelle Alvaro; the time in custody, the location of the courts and relevant dates, from SA and if course the lawyer. This is why there’s been no more hearings beyond the initial committal where I believe it was handed up to the high court, and also kept them in custody.
subscriber-breach-pixel
Accused criminals entangled in the massive AN0M police sting plan High Court appeal
Two allegedly senior organised crime figures entangled in the massive police “sting of the century” have laid out grounds for a High Court appeal with huge potential implications for big underworld names.
Mark Buttler
and
Miles Proust
2 min read
September 1, 2024 - 5:00AM
Sunday Herald Sun
Accused criminals entangled in the massive AN0M police sting have laid out grounds for a High Court appeal with huge potential implications for big underworld names.
The two men — who cannot be named for legal reasons — have lodged applications to have the High Court hear an appeal on a range of grounds after AN0M evidence against them was last year ruled admissible.
Those South Australian men, alleged to be senior organised crime figures, say their state’s Supreme Court erred in giving AN0M material the green light for use in a firearms case against them.
They are believed to be the only figures headed to the High Court.
It is viewed as a key test for the legality of AN0M’s use in charging and prosecuting and is being carefully watched by others on remand, including bikies and Italian organised crime figures.
Legal paperwork the men’s lawyers have lodged says 450 people were arrested in the sweep with cases ongoing in multiple Australian jurisdictions.
Two men have lodged applications to have the High Court hear an appeal on a range of grounds after AN0M evidence was ruled admissible. (Photo by Olivier MORIN / AFP)
Two men have lodged applications to have the High Court hear an appeal on a range of grounds after AN0M evidence was ruled admissible. (Photo by Olivier MORIN / AFP)
Among those charged are the likes of Comanchero Mark Buddle, bikie strongman Christian Taumefolau and western suburbs kickboxer Omar Dib.
AN0M was a phone app sold to gangland figures on the basis it was surveillance-proof, but it was actually a trojan horse for investigators who received copies of messages sent.
Millions of them were harvested and later examined by the Australian Federal Police and the US Federal Bureau of Intelligence.
The South Australian men, who have been in custody without conviction since June 2021, effectively argue that the police had gathered the evidence without a warrant.
The counterargument is that there was no interception of messages.
AN0M worked by copying messages sent via the app and transmitting it to the AFP, along with other information such as the sender’s GPS location.
Comancheros Boss Mark Buddle was among those charged. Picture: Jake Nowakowski
Comancheros Boss Mark Buddle was among those charged. Picture: Jake Nowakowski
The High Court submission argued that the SA Supreme Court erred when it failed to find that sending a text message is the start of its passage via a telecommunications system.
It argued the covert copying and transmission of a message after it was sent was an unlawful interception under the Telecommunications Act because police did not have a warrant.
But the SA Supreme Court found there was no breach of the act because the message had already been copied in the AN0M app prior to it being transmitted to the AFP.
The High Court challenge threatens to further delay criminal proceedings, with some accused facing the prospect of spending five years on remand before facing trial.
In July, accused Melbourne drug kingpin Danny Zayneh was granted bail despite allegations he had access to $5m in hidden cash and told associates he planned to flee the country.
Despite the flight risk, Supreme Court Justice James Elliott said the delay of Mr Zayneh’s trial was “intolerable” and may not commence until 2027.
“Even on the most favourable estimate, the delay in this case is as unacceptable as it is extraordinary,” he said in his ruling.
The South Australian men’s lawyer, Dominic Agresta of Iles Selley, declined to comment.