Former MAFS bride Stacey Hampton beats bid by AFP to have her illegal search and seizure case thrown out in court
Federal police said this MAFS bride’s case against them was ‘incompetent’, but are now on the back foot after an unexpected win in an Adelaide court.
Police & Courts
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A former reality TV star has won the first round in her court battle to have a federal police search of her home declared unlawful – and succeeded without a lawyer.
On Thursday, the Federal Court was due to hear a bid, by Australian Federal Police, to have thrown out a case laid against it by former Married At First Sight bride Stacey Hampton.
The AFP had claimed Ms Hampton’s self-represented case – that it abused its power by searching her home” – was incompetent but, in court, its position changed.
Paul d’Assumpcao, for the AFP, said his client had received further correspondence from Ms Hampton prior to the hearing that meant the matter had “evolved”.
“In light of the documents filed by Ms Hampton in relation to our objection to her complaint, her case against our client has become clear,” he said.
“As such, we accept the grounds as formalised in those documents are sufficiently clear for us to understand the case we have to meet.
“For that reason – and Ms Hampton will correct me if I’m wrong – the parties agree these are the grounds on which she will pursue these proceedings.”
As a result, Ms Hampton’s case will continue – and, she told the court, would expand to include Adelaide magistrate Karim Soetratma, who signed off on the AFP’s search warrant.
Her submission caught Justice Shaun McElwaine by surprise.
“That’s very unusual … in that case, you would be challenging the validity of the warrant,” he said.
Ms Hampton said that was her intention.
“I just think it’s appropriate because he issued the warrant in this matter,” she said.
In December, Ms Hampton filed an application for judicial review against both the AFP and Services Australia, which handles pension and carer payments.
She argued the AFP’s search of her Dernancourt home, accompanied by a Services Australia representative, in September was illegal and therefore trespassing.
The search, she claimed, upset her sons Kosta, 8, and Kruz, 6, who have disabilities, as they mourned the anniversary of the death of their father, Rebels bikie boss Shane Smith.
Ms Hampton, who has not been accused of wrongdoing or charged, further claimed she was blocked from using her personal devices and her children’s medical files were searched.
She claimed the search was an “unreasonable exercise of power” and wants orders quashing “any investigation or decision” made as a result of the operation.
Ms Hampton, who was part of MAFS’ 2020 season, was spared a conviction a year later for breaching the state’s Covid-19 isolation rules.
On Thursday, Justice McElwaine ordered the parties to file further documentation – including any application to join Mr Soetratma to the case – by the end of the month.
He adjourned the case for further hearing in April.
Ms Hampton declined to comment outside court.
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