A Commonwealth prosecutor has raised concerns about the legality of the AN0M encrypted app that was utilized by law enforcement agencies during Operation Ironside, a collaborative effort between the Australian Federal Police (AFP) and the Federal Bureau of Investigation (FBI). The operation involved using AN0M to gather evidence against alleged criminals, resulting in the interception of approximately 19 million messages by the AFP.
The prosecutor anticipates that the legality of evidence obtained through AN0M will be contested in Australia’s highest court, following a legal challenge initiated in South Australia. This challenge has led to trial delays, as seen in the case of Christopher John Mealey, who was charged as part of Operation Ironside. Mealey’s trial date was postponed due to the ongoing legal dispute surrounding the encrypted messaging app.
The situation highlights the potential implications for cases involving evidence gathered through AN0M, with a South Australian Court of Appeal ruling expected to influence similar challenges in other jurisdictions. The uncertainty surrounding the app’s admissibility may lead to further legal battles and could ultimately be decided by the High Court. As defense solicitors prepare for potential challenges, the future of trials involving evidence from AN0M remains uncertain.
