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Chief Justice, Law Society request resources after ACOM sting

A global sting that has resulted in the arrests of more than 224 Australian people, including members of outlaw motorcycle gangs and the mafia, has sparked calls from the South Australian legal profession for more court resources to be made available to manage the high number of matters that are about to hit the courts. 

user iconNaomi Neilson 14 June 2021 Big Law
Federal Bureau of Investigation
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In an “unprecedented” sting operation led by the Federal Bureau of Investigation and Australian police, more than 800 suspected members of organised crime across the world were duped into downloading what they thought was an encrypted messaging service that was used to track every single message that was sent. 

Of the 224 Australians arrested, one lawyer has already been caught up in the sting and will soon face court over Commonwealth charges that include allegedly directing an associate to destroy evidence in a current criminal matter. 

The Law Society of South Australia president Rebecca Sandford and the Honourable Chief Justice Christopher Kourakis have requested more court resources to deal with the matters that will continue to come from the sting, dubbed Operation Ironside. 

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“With the courts already bracing for a COVID-driven spike in hearings, exacerbated by the unprecedented influx of matters stemming from the Operation Ironside arrests, there is a real risk that numerous matters may languish for years in the justice system unless the courts are adequately resourced,” Ms Sandford said. 

Ms Sandford added that not only will the factors impact the parties but “everyone else coming into contact with the court system”. The experience of defendants and witnesses – as well as their support networks – can be “significantly disrupted” while they navigate the system and it is “crucial that they are not made to wait”.

The Law Society noted that a large number of phones, computers and other devices were obtained in Operation Ironside and examining this evidence will be a “painstaking and time-consuming process”, which could cause further delays. Due to this, the society has asked for Forensic Science SA to also receive more resources.

Speaking to the strategy of having the Department of Public Prosecutions (DPP), rather than police, take charge of preparing evidence in these matters, Ms Sandford said it is how “all major indictable matters should be handled” moving forward.

“The police have worked incredibly hard to collect large volumes of evidence and make so many arrests in Operation Ironside,” Ms Sandford said. “But that’s only half the job, and the courts and the DPP need to be adequately resourced to ensure that all parties have access to equitable justice without excessive delay.

“We know that some trials are already listed for dates more than 12 months away and we remain concerned these timeframes are likely to balloon out further unless the courts are properly resourced. It is in everyone’s interest that the courts are properly resourced to ensure justice is fairly and expeditiously served.” 

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