R v Ellis

The case of R v Ellis involved the applicant, suspected of being involved in the importation of heroin. The investigation was carried out by both the Australian Federal Police (AFP) and the National Crime Authority (NCA). The primary issue before the court was whether the investigation was unconstitutional and, if so, whether the evidence obtained from it should be excluded from the trial. The court had to determine whether the collaboration between the AFP and NCA in the investigation was constitutional and whether the evidence obtained from the investigation was admissible.

The court examined the constitutionality of the investigation, considering the roles and powers of the AFP and NCA. It found that the collaboration between the two agencies was permissible under the Australian Constitution and relevant legislation. Consequently, the court ruled that the investigation was not unconstitutional. The court further considered whether the evidence obtained during the investigation should be excluded due to its illegality. The court held that since the investigation itself was constitutional, the evidence obtained from it was admissible, provided it complied with the requirements of the law.

In summary, the court found that the investigation was constitutional and, therefore, the evidence obtained was admissible. The applicant was directed to notify the Director of Public Prosecutions within seven days of any circumstances that should prevent the trial from proceeding at the earliest available date. If the applicant wished to argue that some or all of the evidence should be excluded, he was required to identify the specific evidence and the basis of the objection within a further seven days. The court's decision upheld the admissibility of the evidence obtained from the constitutional investigation, setting the stage for the trial to proceed.