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Parliamentary Questions

Question On Notice No. 234 asked in the Legislative Council on 11 August 2021 by Hon Nick Goiran

Question Directed to the: Minister for Mental Health representing the Minister for Police
Parliament: 41 Session: 1


I refer to the recent decision in Chen v Ortega-Lopez in which the Supreme Court declared that warrants issued on 23 September 2020 for the seizure of documents and things were invalid and ordered that they be quashed, and I ask:
(a) has the Minister or the Commissioner of Police issued an apology to Ms Chen for the unlawful seizure of property;
(b) have all the documents and things unlawfully seized by Western Australia Police on or about 23 September 2020 been returned;
(c) if yes to (a) or (b), when;
(d) what was the cost to the State to issue the invalid warrants;
(e) what was the cost to the State to conduct the unlawful seizure of property; and
(f) what was the cost to the State in unsuccessfully defending the Supreme Court action?

Answered on 8 September 2021

The Western Australia Police Force advise:

(a-b)    No.

(c)        Not applicable.

(d-f)     Only normal business costs were incurred. Costs awarded by the Supreme Court have not been claimed.