AFP Raid Channel 7 over Schapelle Corby

[azureline**]

AFP Raid Channel 7 over Schapelle Corby

http://www.couriermail.com.au/news/national/australian-federal-police-raid-channel-7-over-schapelle-...

It must be a joke, surely???

VETERAN Channel Seven journalist Mike Willesee has hit out at the Australian Federal Police raid on the network’s headquarters this morning, saying it would not reveal anything because Schapelle Corby has not been paid.

There were “heated scenes” at Channel Seven’s Sydney headquarters today as its offices were raided by the AFP.

It is understood Federal police were looking for evidence of the lucrative media deal the Corby family reportedly signed on behalf of Schapelle for her first post-prison interview with Seven’s current affairs flagship program, Sunday Night.

[cherry*135]

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@the_hawk* wrote:

lots of countries like Rio as long as you have money to spend, I also believe they are giving people citizenship in Spain or Greece if you buy a house.

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Not if you are a convicted drug smuggler...... honestly, why do people think a lot of countries would give permanent residence/ citizenship to convicted drug smugglers, as I mentioned before many won't even let people in for short tourist visits with any drug convictions.

My daughter is in Spain on a student visa for just under 6mths. If it was over 6mths, she would to have a police check done on every country she had ever lived in (even if only for a few months).

So even though countries like Spain will sell houses to people from other countries (outside the EU?) they are looking for wealthy people, not ex crims.

Would someone from Gold Coast Australia, with a close family in Australia... want to live in South America at 36 for the rest of their lives?

That she intends to live in Europe was from one posters assumption.. not based on any facts.

[jingjohjoh]

Q: who ordered the raid? 

A: A court

Re your commentary about law: take a look at the Proceeds of Crime Act

[azureline**]

what court ordered it?

[jingjohjoh]

not sure, but if it was a warrant, then it was a court

[azureline**]

They have to apply for a warrant, the court doesn't order it, as far as I know.

Mr McWilliam says the network has yet to make any payments to Corby or her family.

He says the raid is surprising because the network had given all their documents to the AFP after an order was served to the network last week.

Mr McWilliam says the raid will not stop the network from pursuing an interview.

"This is a story of great public interest. I think people probably do want to hear what she's got to say and we would like the interview to go ahead," he said.

"The fact is, as I understand it, no deal has been reached to get the story."

The AFP has confirmed it has executed a number of search warrants in Sydney relating to the Proceeds of Crime Act.

"This includes provisions for literary proceeds, where a person profits from their criminal notoriety," the AFP said in a statement.

"Literary proceeds action does not prevent a person from telling his or her story to the media. The provisions do not interfere with freedom of speech.

"The purpose of the provision is to prevent a person deriving a financial benefit from criminal activity."

[cherry*135]

Removing the proceeds of crime is a complex process which generally follows these steps:

1. Substantiation of unlawful conduct and property identification (Investigation)

The responsibility for investigating cases and collecting evidence rests with Commonwealth investigative agencies like the AFP. An investigative agency locates and collects the evidence and other material required to pursue the proceeds of crime.

2. Restraint of property

In many cases, though not all, a court order (restraining order) is required to preserve property pending the outcome of confiscation proceedings. This order prohibits the disposal of property, or ability to deal with property, either absolutely or subject to conditions. In appropriate cases, the court may also order that restrained property be taken into the custody and control of the Official Trustee in Bankruptcy on behalf of the Commonwealth.

In some situations the Act provides that property cannot be confiscated unless it has previously been subject to a restraining order. In other instances confiscation can proceed without restraining orders previously having been made.

[jingjohjoh]

so who do they apply for a warrant to? a court?

[cherry*135]

Be the same as for any search warrant wouldn't it?

[jingjohjoh]

i guess so

[cherry*135]

Search Warrant guidelines

http://www.afp.gov.au/what-we-do/operational-support/search-warrant-guidelines.aspx

Application

These Guidelines:

1. relate only to requests for assistance in the execution of search warrants by departments or agencies concerning criminal investigations conducted by the department or agency
2. are not intended to:
   1. affect AFP decisions made in relation to matters formally referred to the AFP for investigation
   2. interfere with secondment or outpost agreements which may exist between the department or aency and the AFP
3. do not apply to requests for the execution of Proceeds of Crime Act 2002 warrants where different considerations apply

In accordance with section 3F(5) of the Crimes Act 1914 if items are seized under warrant, the warrant authorises the Executing Officer to make them available to officers of other departments or agencies if it is necessary to do so for the purpose of investigating or prosecuting an offence to which the items relate.