AFP warrant to search Annika Smethurst’s home ‘invalid’

The journalist who saw her home raided by Australian Federal Police over a story has won her High Court battle.

The High Court has found a warrant used by federal police to raid a journalist’s home was invalid and ordered that it be quashed.

News Corp reporter Annika Smethurst had her Canberra apartment raided last year over stories she wrote revealing secret plans to expand the government’s spying powers.

Federal police in Smethurst’s apartment.

The full bench of the High Court today unanimously found there was not enough precision in the drafting of the warrant.

However, only two judges ordered that material seized during the search be destroyed, meaning it could still be used by police.

The court did not consider whether the Australian Federal Police raid infringed on implied freedom of political communication.

The AFP has been ordered to pay court costs.

The landmark ruling will have major ramifications for press freedom in Australia – especially around determining whether police can use material seized during the search.

Smethurst and News Corp mounted a legal challenge against the validity of the police warrant after her home was searched.

Annika Smethurst won her High Court battle.

They wanted the court to stop police accessing data taken from Smethurst’s phone to prevent it being used in any future criminal prosecutions.

Commonwealth lawyers have argued police used a keyword search to filter information, deleting anything unrelated to their investigation.