Marinovich, I.J. v. Mr Simpson, J. S.M & Ors [1987] FCA 529

--- oN tet ee Stet

tenet nit JUDGMENT No. SATB Le

CATCHWORDS

Administrative Law - Decisions of magistrate in course of

committal proceedings - listening devices - privilege and public interest immunity as to police methods and identity of informers - fishing expedition - no exceptional circumstances to justify

review of interlocutory decision by magistrate.

Administrative Decisions (Judicial Review) Act 1977

Customs Act 1901

Bunning v. Cross (1977) 19 A.LR. 641

Young v. Quin (1985) 59 A.L.R/ 225

Lamb v. Moss (1983) 49 A.L.R. 533

WAG No. 87 of 1987

IVAN JACK MARINOVICH and MR |. SIMPSON, S.M. and DIRECTOR PUBLIC PROSECUTIONS (COMMONWEATH) and THOMAS HENRY DALES oe

) { J

Forster, J. 11 September 1987

Perth

| | |

~S,OCT 1987

FEDERAL co AUSTRALIA OF

©

ay Ee St pees "3 '

re

aes,

mah eroce t

%

<

ireceanrse mel isaccr arc) x , >

Se eet eee * 4 '

goo eee

IN THE FEDERAL COURT OF AUSTRALIA

) ) WESTERN AUSTRALIA DISTRICT ) ) )

REGISTRY GENERAL DIVISION No. WA G87 of 1987

BETWEEN:

IVAN JACK MARINOVICH Applicant

AND :

MR J. SIMPSON, S.M.

First Respondent AND ;:

DIRECTOR OF PUBLIC PROSECUTIONS (COMMONWEALTH)

Second Respondent AND : THOMAS HENRY DALES

Third Respondent

REASONS FOR JUDGMENT

CORAM: FORSTER, J.:

This is an application under the Administrative

Decisions (Judicial Review) Act 1977 to review certain decisions

made by Mr Simpson, a Perth magistrate, in the course of committal proceedings in which one Ivan Jack Marinovich {Marinovich) was charged jointly with two others, Romeo and Ricciardello, for conspiracy with the others and divers other persons to have possession of a commercial quantity of a

prohibited import, namely heroin.

eee

-N et

ent

weep Lam —ree ee

iota

- — a a ete

2.

The evidence against the three accused consisted almost entirely of sound recordings made by means of a listening device installed in Marinovich's home pursuant to a warrant issued on 4 November 1986 pursuant to s.219B(7) of the Customs Act 1901 by Toohey J. of this Court as he then was. In addition to the listening device authorised by his Honour's warrant, officers of the Australian Federal Police and the West Australian Police engaged in the surveillance of Marinovich's home and caused to be made video recordings of the driveway and the approaches to the front door of the house, which video recording was linked with a