Press Statement - ICAC decides not to lodge further appeal over search warrants
2004-10-30
The ICAC has decided not to lodge a further appeal in regard to the Court of Appeal's judgment handed down on October 11, 2004 over the issuing of search warrants to the ICAC.
An ICAC spokesman said, "After carefully considering the legal advice of the Department of Justice, we agree that there is no sufficient legal basis to justify lodging an appeal to the Court of Final Appeal.
"One of the important considerations is that the Court of Appeal has clarified the law on search and seizure of journalistic materials.
"Its detailed judgement, which is a unanimous decision of three senior Court of Appeal judges, is of high persuasive authority and provides valuable guidance for law enforcement agencies in the handling of journalistic materials," the spokesman noted.
"Though technically speaking, the order of the Court of First Instance Judge, Mr Justice Hartmann, to set aside the warrants remains valid, his decision has been effectively overruled by the Court of Appeal.
"Moreover, since the newspaper concerned has given the ICAC access to the material seized, it is immaterial whether or not a further appeal should be sought to formally overturn Mr Justice Hartmann's order," the spokesman added.
The spokesman also said while the investigation into the case concerned was still ongoing, the Commission would review its internal guidelines, in the light of the views of the Court of Appeal on the law.
An ICAC spokesman said, "After carefully considering the legal advice of the Department of Justice, we agree that there is no sufficient legal basis to justify lodging an appeal to the Court of Final Appeal.
"One of the important considerations is that the Court of Appeal has clarified the law on search and seizure of journalistic materials.
"Its detailed judgement, which is a unanimous decision of three senior Court of Appeal judges, is of high persuasive authority and provides valuable guidance for law enforcement agencies in the handling of journalistic materials," the spokesman noted.
"Though technically speaking, the order of the Court of First Instance Judge, Mr Justice Hartmann, to set aside the warrants remains valid, his decision has been effectively overruled by the Court of Appeal.
"Moreover, since the newspaper concerned has given the ICAC access to the material seized, it is immaterial whether or not a further appeal should be sought to formally overturn Mr Justice Hartmann's order," the spokesman added.
The spokesman also said while the investigation into the case concerned was still ongoing, the Commission would review its internal guidelines, in the light of the views of the Court of Appeal on the law.