you are a Magistrate at the Melbourne Magistrates’ Court.
An Australian Federal Police officer appears in your courtroom to apply for a search warrant.
Investigation
The application relates to an investigation into a woman suspected of being involved in importing a commercial quantity of a border-controlled drug contrary to section 307.1 of the
Commonwealth Criminal Code (which is a schedule to the Criminal Code Act 1995 (Cth)).
Evidence
The AFP officer investigating prepares and files an affidavit and gives oral evidence on
oath to the Court. In his oral evidence in the application for the search warrant he says
that:
1. the police have identified a woman they believe is named Narelle Corby as being
involved in the importation of a shipping container filled with antique vases that are
believed to contain MDMA which arrived at Port Melbourne two days earlier. According to the freight forwarding company, the goods were awaiting collection by
someone from the Mexican Heritage Museum;
2. the freight forwarding company has provided a written Shipping document (called a
Bill of Lading) which states the importer as Joan Guzman;
3. the police have received reports from members of the local Mexican community
that Joan Guzman is also known as Joan “El Chonky” Guzman. The reports are
unverifiable;
4. two members of the community have sworn statutory declarations that the man
who owns the Mexican Heritage Museum goes by the name of John Smith, but he
speaks with a Mexican accent, has a large “frosty room” at the rear of the museum
that receives deliveries at unusual hours of the day and night from unidentifiable
trucks, and the museum called “Mexican Heritage Museum” is located at 100 Ackland Street, St Kilda.
5. the same John Smith has a Rolls Royce motor vehicle with the number plate
JS420.
6. police records confirm that:
(a) A John Smith is the tour guide of the Mexican Heritage Museum in St Kilda;
(b) The same John Smith is the registered proprietor of a property used as a
warehouse at Maple Lane, Mildura along with another man, Martin Hilton, a
Mildura councillor and former Mayor.
(c) A Joan Guzman is the registered proprietor of a house at 13 St George’s
Road, Toorak;
(d) The same Joan Guzman is not recorded as having any aliases on the police
database but is recorded as a registered cleaner;
(e) There is a Telstra mobile phone SIM registered in the name of a ‘Joan’ of 13
St George’s Road, Toorak; and another in the name of Narelle Corby of 65
Carlton street, Wagga Wagga, New South Wales.
7. The police believe that Narelle Corby uses the aliases John Smith and Joan “El
Chonky” Guzman. They believe that she is responsible for the MDMA importation
and that she stores the drugs in the cool room at the Museum.
8. They believe that the warehouse might have something to do with it.
Application for search warrant
The police officer applies for the search warrant under Division 2 of Part IAA of the Crimes
Act 1914 (Cth).
The police officer applies for a warrant to search:
(a) Mexican Heritage Museum at 100 Ackland Street, St Kilda;
(b) 13 St George’s Road, Toorak;
(c) The warehouse at Maple Lane, Mildura.
The purpose of the search warrant is to locate evidence linking the identities of John Smith,
Joan Guzman and Narelle Corby and regarding the importation generally.
Your decision
You are required to determine whether to grant the application for the search warrant.
Because the prosecution is concerned that there may ultimately be a challenge to
each aspect of this investigation, the Commonwealth Director of Public Prosecutions
(CDPP) prosecutor who represents the AFP requests detailed and comprehensive
written reasons for your decision covering each and every aspect of the application
and the decision.
You are required to make a decision and give reasons for your decision in accordance with the CDPP prosecutor’s request for detailed and comprehensive reasons
for your decision