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In a surprising turn of events, charges against Canberra Raiders player Josh Papalii have been dismissed due to procedural missteps by law enforcement. The case, which revolved around an altercation at the Gungahlin Raiders Club last year, included allegations of Papalii intimidating police and refusing to vacate a licensed venue.
During a hearing at the ACT Magistrates Court on Friday, Chief Magistrate Lorraine Walker ruled for a permanent stay of the proceedings. This decision effectively halts the case indefinitely after it was revealed that police communication about the investigation took place via an encrypted app, Signal, undermining the prosecution’s integrity.
Prosecutors contended that the Signal chat did not contain any crucial information that could have influenced the outcome of the trial. They argued that not keeping a record of these messages did not result in material unfairness to Papalii’s defense, suggesting a lesser sanction than a permanent stay might be more appropriate.
However, Chief Magistrate Walker acknowledged that while the use of Signal by the investigating officers was evident, the defense could not prove that the deletion of these messages put them at a disadvantage in practical terms.
There was thus no evidence that by not keeping a record of the messages, it would have been materially unfair to the defence, prosecutors argued, calling for a lesser remedy than a permanent stay to be applied.
The chief magistrate said while there was clear evidence that Signal was used by the investigating police to communicate about the investigation, the defence was unable to establish the deletion of the messages left them at a practical disadvantage.
But the unknown remains unknowable, she said, and the “cavalier” use of Signal by the officers raised the spectre that additional communication that was unfair to the prosecution may have occurred.
“Allowing the prosecution to proceed … is an irremediable affront to the integrity of the process,” she told the court.
“A permanent stay of the prosecution is granted.”
