Key evidence in a drug trafficking case has been thrown out after a judge ruled police in Tasmania illegally opened private mail in what has been described as a "reckless" breach of the law.
Tasmania Police were tipped off by an Australia Post employee in 2017, who had suspicions that illegal activity was occurring with parcels being sent to a home in the north-west city of Devonport.
In a Supreme Court ruling published this week, Justice Tamara Jago said police opened a parcel being sent to the address, uncovering it contained the drug methylamphetamine.
However, Justice Jago said, the opening of the package was illegal, noting there was no evidence to suggest any member of Tasmania Police was told anything that might ground a reasonable belief the parcel contained illegal drugs.
"Even though a suspicion is less than a belief, a reasonable suspicion nevertheless requires some supporting material," she said.
"Before Tasmania Police breached an individual's privacy by opening mail addressed to them, they were required to have lawful basis for doing so."
She said police had options other than opening the parcel, including through the use of a drug detection dog, but decided to open it anyway.
'Quite grave contraventions of the law'
Justice Jago said Tasmania Police then ordered Australia Post to intercept mail being sent to a separate Devonport address, a move she said had "non-existent" evidence to support.
Subsequently, three more packages of methamphetamines were handed over to police and then returned to Australia Post to be delivered.
Police then executed a warrant at the address, charging three men with trafficking a controlled substance.
"Had the disclosures not been made to Tasmania Police by the Australia Post employees, the parcels would never have come into the possession of Tasmania Police and the discovery of methylamphetamine within the parcels would not have eventuated," Justice Jago said.
The justice not only criticised Tasmania Police but also Australia post employees, ruling they had "breached laws designed to protect the rights and privacy of citizens".
Justice Jago determined the behaviour of Tasmania Police involved "quite grave contraventions of the law" and ruled the evidence — which she said was "extremely important in the proceedings" — could not be used in the case.
"The extent of the illegalities, which tainted the obtaining of the evidence, firstly by the Australia Post employees and, secondly, by Tasmania Police is significant and the contraventions [that] occurred are serious," she said.
"I am of the view that they simply did not give sufficient thought nor attention to the legality of what they were doing, and to that end were reckless."
She said the Crown's case would most likely fail without the evidence.
The breach comes just months after it was uncovered that Tasmania Police secretly recorded private and legally privileged conversations between lawyers and clients at Risdon Prison for months in 2017.
Police Minister Felix Ellis said Tasmania Police were reviewing their processes.
"Our government wants to make sure that drug traffickers are put behind bars and any missed opportunity is disappointing," he said.
"The community expects that Tasmania Police collect evidence in accordance with the rules."
A Tasmania Police spokesperson said there had been "significant improvements" made in training and procedures since 2017.
"Tasmania Police respects the court's decision in relation to this matter," the spokesperson said.
"We acknowledge the importance of our community having trust and confidence in our organisation.
"Tasmania Police will continue to ensure contemporary investigation practices are in line with current laws and policies."
