Launceston sparky Max Jago fights against police listening device conviction
A Launceston electrician who tracked his ex-girlfriend with a device in her car has attempted to fight a conviction for listening in to a police conversation. Latest from court.
Tasmania
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A Launceston electrician who tracked his ex-girlfriend’s movements with a device in her car – and remotely activated its listening function when she handed it in to police – has lost a bid to overturn his conviction.
In a recently-published judgment, the Supreme Court of Tasmania upheld a magistrate’s decision to find George Maxwell Tregaskis-Jago, known as Max Jago, guilty of using a listening device to listen to a private conversation – fining him $1500.
The conviction related to Jago’s overhearing of conversations between police officers at Launceston Police Station in August 2020.
He was not charged with tracking his former girlfriend.
Supreme Court judge Robert Pearce, in dealing with Jago’s appeal, said his ex-girlfriend discovered a GPS tracking device had been installed on her car two weeks after their relationship ended.
She removed the device and took it to the police station – with an officer, unaware of its listening capabilities at the time, taking it back to his desk.
Over the coming hour, the police officer had conversations with other officers about not only the woman’s complaint, but also about the investigation of other matters and other unrelated family violence reports.
The police officer conducted some internet research about the device, which led to his suspicions it had listening capabilities – executing a search warrant on Jago’s home a few days later.
The officer said while searching Jago’s house, he said he’d been waiting for police to speak to him, and he knew the device was with police because he’d been notified of its removal from the vehicle via an alarm.
Justice Pearce said when later interviewed by police, Jago agreed he had placed the device in the car without telling his ex-partner, but said he’d done so “in case of theft”.
He said he’d heard some “general conversation” before thinking, “oh s..., what if it’s at the police station”.
Justice Pearce said despite those admissions, he gave a different account to Launceston magistrate Simon Brown.
He said he didn’t call the device to listen in, had “no idea” why he told police during that he heard voices for about two minutes, and said a number of actions were required to activate its listening function.
The magistrate rejected his claims and found the charge proved.
Appealing to the Supreme Court, Jago argued it was not reasonably open to the magistrate to find the charge proved, or that he had listened to a private conversation.
Justice Pearce rejected his arguments, saying his early admissions – which he had volunteered – had not been “vague or equivocal”.
Jago also failed to argue the conversation he overheard was private in nature.
“A police station is a place in which conversations involving the utmost need for privacy frequently occur,” Justice Pearce said.
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Originally published as Launceston sparky Max Jago fights against police listening device conviction