Monday, June 24, 2019

The ABC has mounted a legal challenge to a warrant the Australian Federal Police

The ABC has mounted a legal challenge to a warrant the Australian Federal Police (AFP) served on the broadcaster and has demanded the return of files seized during a raid earlier this month.

Key points

The warrant related to stories of alleged unlawful killings by Australian special forces in Afghanistan
About 100 files were seized in the raid and sealed by the AFP

Managing director David Anderson said the ABC would challenge the constitutional validity of the warrant

On June 5, a group of AFP officers fronted up at the media organisation's Sydney head office with a warrant to search the ABC's databases for items relating to a series of stories known as the Afghan Files.

The ABC is asking the Federal Court of Australia to declare the warrant invalid.

The ABC also wants an injunction to prevent the AFP accessing the seized files, which are being held in sealed envelopes.

Managing director David Anderson said the ABC was also challenging the constitutional validity of the warrant "on the basis that it hinders our implied freedom of political communication".

John Lyons spent nine hours in a room with six AFP officers — who were unfailingly polite and respectful — but who were doing something he believed attacked the very essence of journalism.

Mr Anderson said it was important that Australians be advised of the court action and of the ABC's determination to defend its journalists and the crucial work they did to inform the public.

The Afghan Files, by ABC investigative journalists Dan Oakes and Sam Clark, revealed allegations of unlawful killings and misconduct by Australian special forces in Afghanistan and were based off hundreds of pages of secret Defence documents leaked to the ABC.

The search warrant named Oakes, Clark and the ABC's director of News Gaven Morris.

On the day of the raid, AFP officers were joined by specialist computer technicians and searched the databases with the ABC's legal team for more than eight hours.

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