Challenging Police Powers: Four Charges Discontinued
Our client faced four charges arising from a police search of his home: possession of cannabis, two counts of failing to obey an officer’s order to provide mobile phone PIN codes, and failing to comply with a Data Access Order.
Mr Chris Sheehy pursued a determined and carefully developed defence strategy, placing the lawfulness of the police entry and search under sustained scrutiny. This involved issuing subpoenas to the Commissioner of Police and persistently pursuing material relevant to the exercise of police powers at our client’s premises.
The work extended beyond reviewing the prosecution brief. Through targeted subpoenas and persistent challenges to the lawfulness of the search, Mr Sheehy sought to obtain the evidence needed to test the police account and the legal foundation of the prosecution case.
Following that sustained litigation, all four charges were discontinued before trial.
This result reflects the value of tenacious representation and a clear defence strategy: scrutinising the powers police relied upon, pursuing relevant evidence, and maintaining pressure on the prosecution to justify its case.