Judge Graham Dart criticises SA Police seizure of $20k, from lawyer acting for Operation Ironside accused, DPP says funds will be returned
All $20,000 “secretly” taken from the account of a law firm acting for an Operation Ironside accused will be returned, with the judge strongly criticising prosecutors.
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Prosecutors will return all $20,000 seized without warning from a law firm representing an Operation Ironside accused – a tactic that, a judge says, has “an End of Days feel about it”.
On Friday, prosecutors told the Supreme Court they were preparing to refund the money, which they allege is “tainted”, to the Adelaide firm as soon as possible.
They said that, instead of seizing it, they would instead seek to have it frozen in that trust account so that the alleged offender could not benefit from the money.
Judge Graham Dart said that was likely a tall order, given seizure had caused such controversy that the Law Society had applied to intervene in the case.
He questioned whether the confiscation had been lawful, given existing legislation protecting trust accounts in order to ensure the proper administration of justice.
“Police taking money out of a solicitor’s trust account, secretly, does have a bit of an ‘End of Days’ feel about it,” Judge Dart said.
“This caused the legal practitioner a lot of anxiety … he thought he’d been hacked until police had to sheepishly say ‘we may have taken that money’ … it’s a bit strange.
“If it’s authorised, it’s authorised, but a better way of doing it would have been to inform the solicitor – if they used the money, after being informed, they would be up for misconduct.”
Last month, The Advertiser revealed prosecutors had obtained a bank order to seize $20,000 from the trust account of an Adelaide law firm, which was not accused of any wrongdoing.
It was representing a man alleged to have used the encrypted AN0M app and pressed 10,000 ecstasy tablets for two other men, who are separately charged.
Law firms are required to keep their trust account in balance or face potential criminal charges.
The firm, fearing it had been hacked, was not told of the seizure until it reported the missing money to SA Police.
The Law Society criticised the move, police were unapologetic, and Judge Dart subsequently ordered at least $6000 be returned because it was never eligible for seizure.
On Friday, prosecutors confirmed their intent was to return all $20,000 and then apply for a freezing order, rendering it unusable but leaving it in the law firm’s account.
They said they had drafted a proposed order to that effect, and sent it to the firm, but had yet to receive a response.
Judge Dart said that draft order likely would be the subject of scrutiny by the Law Society, given it wanted to be heard on the matter.
He adjourned the matter for further hearing in two weeks.
Originally published as Judge Graham Dart criticises SA Police seizure of $20k, from lawyer acting for Operation Ironside accused, DPP says funds will be returned
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