Pantazis v The Queen and Anor; Issa v The Queen and Anor; Elias v The Queen and Anor

These appeals concerned the admissibility of evidence obtained by the Australian Federal Police (AFP) during investigations into alleged breaches of the *Proceeds of Crime Act 2002* (Cth) and the *Criminal Code Act 1995* (Cth). The appellants, Pantazis, Issa, and Elias, sought to exclude evidence that they argued was obtained in contravention of their rights under the *Crimes Act 1914* (Cth), specifically concerning the execution of search warrants and the seizure of documents. The High Court of Australia was required to determine whether the evidence should have been admitted at trial, considering the circumstances of its collection and the relevant statutory provisions.

The central legal issue before the High Court was whether the evidence seized by the AFP was unlawfully obtained, thereby rendering it inadmissible under s 138 of the *Evidence Act 1995* (Cth). This involved a consideration of whether the AFP officers exceeded their powers when executing search warrants, particularly in relation to the scope of the search and the seizure of documents that were not specifically identified in the warrants. The Court also had to assess whether the admission of such evidence would be unfair to the appellants, a key consideration under s 138.

The High Court, comprising French CJ and Kiefel J, held that the evidence was not unlawfully obtained. Their Honours reasoned that the AFP officers acted within the scope of their lawful authority when executing the search warrants. The seizure of documents, even if not specifically listed in the warrants, was considered permissible under the relevant provisions of the *Proceeds of Crime Act 2002* and the *Crimes Act 1914*, as these documents were reasonably suspected of being related to the offences under investigation. The Court found that the admission of the evidence would not be unfair to the appellants, and therefore, s 138 of the *Evidence Act 1995* did not mandate its exclusion. The appeals were dismissed.