Phillip Manwarring: ‘illegal’ search should be thrown out, lawyers argue

The police raid which lifted the lid on a Kangaroo Valley drug bunker was illegal, lawyers representing disgraced former Sydney lawyer Phillip Manwarring argued in court.

The police raid which lifted the lid on a Kangaroo Valley drug bunker was illegal, lawyers representing former lawyer Phillip Manwarring have argued.

The former Gresham Partners legal director was charged with cultivating an indictable quantity of cannabis in May 2020 after 52 cannabis plants were found on his $1 million Southern Highlands property.

He has pleaded not guilty.

The property, which is owned by Manwarring’s company Lily Investment, became the subject of a police investigation after a tip off by a police informant in January 2020.

Nowra police constable Jack Gallagher told Milton Local Court on Friday the informant had speculated that drugs activity was possibly being undertaken at the site.

“The conversation revolved around the construction at the site,” he said.

“There was speculation there might have been drugs manufacturing, but there was no concrete evidence – other than speculation.”

Video played for the court showed Mr Gallagher and Nowra police senior constable Tristan Corbridge visiting the Kangaroo Valley property on April 1.

Mr Corbridge told Manwarring they were responding to an “intelligence report” of an illegal dwelling on the site that had not received council approval, as well as reports of illicit drugs being manufactured.

“Where is the dwelling?” Manwarring asked.

Mr Corbirdge responded: “We believe it is a horse stable or a shed.”

“From some of the images I’ve seen, there is an underground aspect to the property.”

Manwarring claimed the property was not illegal so long as he was not letting it for commercial gain, and asked the officers if they had a warrant.

When told they didn’t by Mr Cobridge, Manwarring asked the officers to leave.

The following day, police officers raided the property on the basis of fraud charges, the court heard, not drug production, but uncovered cannabis plants in the process.

In court, Mr Gallagher came under fire from Manwarring’s lawyers who urged Magistrate Michael O’Brien to throw out evidence because of what they called “improper” and “illegal” conduct by police.

Barrister John Stratton argued the police warrant executed in the search of Manwarring’s property was deceitfully obtained.

He claimed police had misled the issuing justice, Magistrate Lisa Viney, in stating that they were searching for evidence of fraud relating to the illegal building.

In numerous statements read out in court by Mr Stratton from both Mr Gallagher and Mr Corbridge, officers conducted their search as a result of beds and tables being seen inside the structure on April 1, which officers allege was evidence the building was not being used for its stated purpose.

Instead, Mr Stratton argued police were “casting around” for a searchable offence that could allow them to raid the property, as according to statements heard in court, officers did not have sufficient evidence to execute a warrant for drug production.

“It was an abuse of process,” Ms Stratton said.

“In relation to the gravity of the impropriety, we say the evidence overall suggests not just a reckless but deliberate misleading of court.

“As well as improperly issued statements in order to circumvent the very significant protections citizens have against the search of their property.

“To allow the evidence to be tendered as a result of this improper activity by police, would promote further illegal activity by police.”

On Wednesday, May 2, 2018, a Kirribilli woman says she caught her neighbour Phillip Manwarring filming her while she was half-dressed in her apartment through her balcony.

The police prosecutor instead argued the motivation of officers in inquiries that lead to the issuing of the warrant was partly due to drugs, but was not the motive behind the warrant.

“It beggars belief that police can’t have two thoughts in their head - two lines of inquiry - that when one comes to an end, police can’t continue with another …” the prosecutor argued.

“That police can‘t split themselves in two.”

Earlier, Mr Stratton had pressed Mr Gallagher as to whether the informant, whose identity Manwarring’s legal team attempted to reveal last year, provided specific information about illicit drugs activities.

Mr Stratton argued officers were in fact looking for drugs on the April 2 raid.

“Was illegal drugs one of the things you were looking for?” he asked Mr Gallagher.

“No,” Mr Gallagher responded.

“You were looking for documents, not drugs?”

“Yes.”

“You’re not being truthful are you?”

Ms Stratton also called into question the charges of fraud being sought.

In a statement by Mr Corbridge, Mr Stratton said the police officer had acknowledged that council officers were better equipped to investigate the illegal property.

Mr Stratton said the property was not built deceitfully, as Manwarring had not submitted any documents to the council - nor was it done for material gain.

Instagram pics of a property in Beaumont near Kangaroo Valley, owned by lawyer Phillip Manwarring. Mr Manwarring's property, adjacent to the one pictured, was raided in April 2020 after NSW Police received a tip off about a cannabis drug bunker on the site. ,

“My submission is there is no evidence that the defendant‘s failure to seek approval for these premises caused him to receive financial benefit,” Mr Stratton said.

Mr Stratton argued Manwarring’s charges were also comparatively minor.

Manwarring shot to prominence in 2018 when he strongly denied putting a camera on a giant selfie stick to peek at a partly-dressed woman in her home.

While the woman, 25, complained to police, no charges were laid.

The cannabis plants which is the subject of the cultivation charges were allegedly found on a property next to Manwarring idyllic Cloudbreaker Falls cabin.

The matter was adjourned until April when Magistrate O’Brien stated that he hoped to have made a decision.