Moti v The Queen

The High Court of Australia considered an appeal by Mr Moti against his conviction for a number of offences, including conspiracy to defeat justice and perverting the course of justice. The charges arose from allegations that Mr Moti had sought to influence a Commonwealth official to obtain confidential information relating to an investigation into his business dealings.

The central legal issue before the High Court was whether the trial judge had erred in admitting certain evidence, specifically intercepted communications, on the basis that it was obtained unlawfully. This involved a determination of the proper interpretation and application of the *Listening Devices Act 1994* (Cth) and the admissibility of evidence obtained in contravention of that Act. The Court also considered whether the evidence, even if unlawfully obtained, was nonetheless admissible under the common law power to admit such evidence where its probative value outweighed its prejudicial effect.

The High Court, in a joint judgment, held that the intercepted communications were obtained in contravention of the *Listening Devices Act 1994* (Cth). However, the Court found that the trial judge had correctly exercised their discretion to admit the evidence. Their Honours reasoned that the probative value of the evidence was substantial, as it directly related to the alleged conspiracy, and that its prejudicial effect was not so high as to warrant its exclusion. The Court affirmed the common law principle that evidence obtained unlawfully may still be admitted if its probative value outweighs its prejudicial effect, and that the discretion to admit such evidence should be exercised with caution.

The appeal was dismissed, and Mr Moti's conviction was upheld.