Assume Nothing Episode 5: Ex Parte v Inter Partes
May 3, 2025
Barry McCaffrey and Trevor Birney challenge the legality of police warrants in a pivotal case for journalistic rights. The complexities of judicial reviews and sensitive material come to light, raising questions about document theft allegations. Ethical dilemmas arise as journalists grapple with protecting sources against police investigations. The podcast highlights tensions between press freedom and law enforcement integrity, culminating in a crucial judicial decision that could reshape the landscape of journalism and legal authority.
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Barry McCaffrey's Family Speech
- Barry McCaffrey gave a compelling speech to his family after being arrested to maintain support for the police.
- He urged understanding that police have a job to do despite the arrests being distressing.
Ex Parte Warrants Undermine Rights
- The police obtained search warrants without informing Barry and Trevor, using an ex parte application.
- This meant Barry and Trevor couldn't contest the warrants before their arrests, raising legal concerns.
Ombudsman's Alert Spurs Police Action
- The police investigation began after the Ombudsman's office flagged sensitive documents in the film.
- This led to a covert operation and subsequent arrests of Barry and Trevor.