Alleged criminal syndicate members to challenge legality of ANOM sting during ‘royal commission’-like hearing
An alleged drug trafficker busted in the AN0M raids is planning to challenge the use of a smartphone app to track suspects.
Dozens of alleged criminals caught in the ANOM police sting are set to challenge the legality of evidence gathered via the encrypted devices in a “royal commission” style hearing, a court has been told.
It came as a southwestern Sydney man accused of being involved in the trafficking of a commercial quantity of methamphetamine was granted bail in the NSW Supreme Court.
George Chambour was granted conditional bail by Justice Peter Hamill on Friday after his family offered a $5 million surety and he agreed to wear an electronic ankle bracelet.
This is despite the court hearing that in ANOM messages, allegedly sent by Mr Chambour at the time of a police raid in May last year, he said he was preparing to flee and “bounce” before he was arrested as part of Operation Ironside.
Operation Ironside was a sting operation set up by the AFP and the FBI in which they covertly distributed the ANOM smartphone messaging app as a trojan horse to monitor the communications of suspects.
For three years officers covertly monitored targets which has so far led to over 380 arrests in Australia, according to the AFP.
Mr Chambour’s solicitor, Elie Rahme, said he was set to be one of several accused – arrested as part of Operation Ironside – who would cross examine expert police witnesses at a Local Court hearing in September about how the ANOM messages were obtained.
“It’s an application to question some of the expert witnesses on the ANOM device and how the messages were stored and extracted and provided to the AFP,” Mr Rahme told the Supreme Court on Friday.
“There is a growing opinion among a number of very senior defence barristers in this state, and in other states, that the authorisation obtained was not sufficient and the evidence may not be legally obtained.”
“The Local Court is being asked to conduct, what, a joint royal commission into (ANOM)?” Justice Hamill asked.
Mr Rahme told Justice Hamill that it was the Local Court who had requested the hearing, at which several dozen accused would appear, given they had all sought individually to question the same witnesses on the same evidence.
He further said lawyers for as many as 30 accused were set to take part in the hearing.
The court heard on Friday it was alleged Mr Chambour used the ANOM app under the handle “20 top” to engage in conversation about the trafficking of drugs.
He was arrested last June and is facing the prospect of life in prison if found guilty, having been charged with trafficking a commercial quantity of methylamphetamine.
Mr Rahme said the identity of “20 top” would be the issue at trial and there was evidence the ANOM device was in different locations to Mr Chambour’s mobile phone at various times.
“I accept that the user of the ‘20 top’ device is clearly engaging in communications which would establish the offence that Mr Chambour is charged with,” Mr Rahme said.
“The question is can the crown prove it’s Mr Chambour?”
The prosecution has alleged the ANOM device was at various times located at a Roselands street where Mr Chambour resided.
Crown prosecutor Trent Glover told the court one of the messages sent to “20 Top” said: “I’m here for you George you know that.”
Mr Glover said that the user responded with a message which mentioned the name of Mr Chambour’s partner.
He told the court Mr Chambour was involved with an international drug syndicate and the ANOM messages detailed plans to flee Australia via boat at one point.
“He had made detailed, specific plans previously to flee the jurisdiction,” Mr Glover said.
“And that was internationally; those plans were significantly advanced.”
Justice Hamill noted there was a “strong case” against Mr Chambour but said the risk of him fleeing could be mitigated by strict conditions.
Mr Chambour was released on bail on the condition his family provide a $5m surety, he live with his parents, report to police twice a day, not use encrypted devices and not contact any co-accused or witnesses.
He will also be required to wear an electronic monitoring device.
“Mr Chambour, I’m sure Mr Rahme will indicate to you it will only take the slightest breach of those conditions and you’ll be back where you are,” Justice Hamill said.
“And it sounds like you’ll be there for a year-and-a-half or two years before you get a chance to test this case.”
“I understand, your honour,” Mr Chambour replied.