Today the High Court ruled that the warrant executed in June 2019 on the residence of Newscorp journalist, Annika Smethurst is invalid, but the Court declined to order the return of material seized.
The AFP accepts and respects the decision of the High Court. We will now carefully consider the 107 page judgement and determine the next steps in this investigation. This matter is ongoing and until complete the AFP will not comment on potential outcomes.
As I stated when I was announced as the AFP Commissioner, I believe in an open and free press. I also committed to conducting a review of how sensitive investigations are handled by the AFP. Mr John Lawler AM APM completed the Review into AFP’s Response to and Management of Sensitive Investigations in January 2020 and I accepted in principle all 24 options presented by Mr Lawler.
Of note, the Review recommended the development of a Sensitive Investigations Oversight Board made up of senior executives and chaired by a Deputy Commissioner. This Board has been established and provides strong guidance and oversight for sensitive investigations, such as this, from referral to investigation processes. The Board acts in accordance with the ministerial direction issued by the Minister for Home Affairs in August 2019, and the Attorney-General’s direction in September 2019.
The Review into AFP’s Response to and Management of Sensitive Investigations is available to read in full at www.afp.gov.au/publications>
