Supreme Court refuses DPP request to freeze unknown assets of Operation Ironside accused

Accused drug kingpins arrested under Operation Ironside have won a significant legal battle that may allow them to hide their riches from police.

Accused criminals arrested as part of Operation Ironside will not have to divulge their assets after a significant Supreme Court ruling.

Justice Greg Parker ruled on Thursday that he did not have the power to grant the request from the Director of Public Prosecutions relating to the case of two accused criminals busted by Operation Ironside officers.

The judgment is likely to affect more than 100 alleged criminals arrested in SA during the state and federal police crackdown on organised crime.

Last year in the lead-up to arrests worldwide on June 7, the DPP had asked for a wide-ranging confiscation order relating to all property not identified by police.

Prosecutors also sought a court order requiring the accused to provide lists of their assets under threat of perjury or contempt if they were found to be lying.

Police were arresting dozens of alleged criminals across Adelaide in June last year and prosecutors were moving to freeze their assets.

Court documents revealed up to $30m was seized in cash, luxury vehicles, properties, cryptocurrency, jewellery, liquor, motorbikes and firearms.

Vehicle Assets seized as part of South Australia's operation Ironside. Picture: SAPOL

However, the ongoing campaign to seize the assets has been dealt a huge blow by Justice Parker’s judgment.

Assets seized as part of South Australia's operation Ironside. Picture: SAPOL

Scott Henchliffe QC mounted the challenge on behalf of two of his clients, both of whom are facing serious drug charges, making them eligible under South Australian legislation to have their assets forfeited.

More than a dozen other Ironside accused had their own applications for restraint of assets paused while Justice Parker considered his decision.

During the hearings, DPP Martin Hinton QC addressed concerns that the accused would be self-incriminating if they listed assets beyond what they could have paid for.

He proposed tailoring any orders to ensure any lists of assets went to the Crown Solicitors Office, rather than the DPP so they could not be used in any criminal prosecutions.

He also argued the orders were necessary to prevent Ironside accused from “abusing or frustrating” the confiscation scheme by hiding or disposing of assets.

Mr Henchliffe argued South Australian parliament had specifically chosen not to follow in the footsteps of their federal counterparts and create legislation that allows for an order to be made over “all of a person’s assets”.

More than 4000 members from the AFP and state and territory police were involved in the execution of hundreds of warrants since 7 June, 2021, under Operation Ironside, which covertly began three years ago. Ironside has led to the arrest of 224 offenders on 526 charges in every mainland Australian state.

A staggering 3.7 tonnes of drugs, 104 number of weapons, $44,934,457m in cash was seized.

Originally published as Supreme Court refuses DPP request to freeze unknown assets of Operation Ironside accused