Supreme Court asked to make sweeping order freezing all assets related to Operation Ironside accused

Police and the DPP have moved to freeze all assets owned by several Ironside accused, out of concern property and money has not been identified.

The Supreme Court has been asked to make sweeping orders restraining the assets of people arrested as part of Operation Ironside out of fear millions in assets could be eluding police.

On Friday the Director of Public Prosecutions asked the Supreme Court to make a series of orders freezing all assets owned by several accused, regardless of whether or not police know what those assets are.

Justice Greg Parker presided over the weekly Ironside asset seizure list, in which the DPP applies to restrain assets allegedly linked to crimes uncovered through the encrypted AN0M app.

In the lead-up to the mass arrests on June 7, Justice Parker issued a series of orders freezing and restraining assets linked to those about to be detained by police.

He also made an order under the Criminal Assets Confiscation Act requiring several of the accused to provide a list of their assets.

In an earlier hearing, counsel for the Ironside accused indicated they would be challenging the legitimacy of the order, saying it risked forcing their clients to self-incriminate.

$1.8 million cash seized during Operation Ironside South Australian arrests. Picture: Brenton Edwards

On Friday, Justice Parker cancelled the order with the consent of prosecutors, concluding it had been beyond his power under the legislation to order the accused to disclose their assets.

Prosecutors instead asked Justice Parker to make a sweeping order encompassing all assets owned by the accused.

“The recent amendments seek an order over all other property either owned by or subject to the effective control of the (accused) where they are liable to be declared prescribed drug offenders if convicted,” the prosecutor said.

“Police do not have confidence that they have been able to identify and particularise all property liable to forfeiture in the event of a conviction.

“Where property has been able to be specified, it has been. The order applied for seeks a restraining order over all other property that is incapable of being particularised at this time.”

Scott Henchliffe QC, acting for two of the Ironside accused, said he planned to argue against the order.

$1.8 million cash seized during Operation Ironside South Australian arrests. Picture: Brenton Edwards

Justice Parker was asked to set aside time in coming months to hear the argument and resolve the matter.

“I have real concerns about making orders on unidentified property,” Justice Parker said.

Counsel acting for other Ironside accused indicated they would wait on the outcome of Mr Henchliffe’s application before dealing with their own clients’ matters.

Cryptocurrency and millions of dollars in cash, as well as luxury cars and homes, remain restrained by prosecutors as the applications continue.

A date is yet to be set for the legal argument.

Originally published as Supreme Court asked to make sweeping order freezing all assets related to Operation Ironside accused