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❓ Hon Nick Goiran asks about the costs and consequences of invalid search warrants executed by WA Police, following a Supreme Court decision. The Police Force acknowledges the warrants were invalid, but provides limited cost information.

AnsweredQoN 234Legislative Council

Asked

11 August 2021

Member

Hon Nick Goiran

Portfolio

Police

QuestionView source ↗

I refer to the recent decision in Chen v Ortega-Lopez in which the Supreme Court declared that warrants issued on 23 September 2020 for the seizure of documents and things were invalid and ordered that they be quashed, and I ask: (a) has the Minister or the Commissioner of Police issued an apology to Ms Chen for the unlawful seizure of property; (b) have all the documents and things unlawfully seized by Western Australia Police on or about 23 September 2020 been returned; (c) if yes to (a) or (b), when; (d) what was the cost to the State to issue the invalid warrants; (e) what was the cost to the State to conduct the unlawful seizure of property; and (f) what was the cost to the State in unsuccessfully defending the Supreme Court action?

AnswerView source ↗

Answered

8 September 2021

Responded by

Minister for Mental Health representing the Minister for Police

Response time

9 days

The Western Australia Police Force advise:
(a-b)    No.
(c)        Not applicable.
(d-f)     Only normal business costs were incurred. Costs awarded by the Supreme Court have not been claimed.

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