QLD Could Mobile Phone be Used as Evidence?

[Complex16]

sorry - one more thing - so one solicitor has decided it is unethical to continue to represent you because you want to use the information in court... Now lets think this through, why might that be???? Go on answer - I dare ya...

More than happy to answer! The information was obtained as described. Solicitor knew this for 12 months and even advised to keep copying, monitoring etc. Said it was a "grey" area. Then now, just weeks prior to the first court date they've advised that it would be in my best interests to no longer have them representing.

I believe it may be a question of ethics as opposed to legality? Could be wrong though. I own the phone, how am I therefore not privy to the contents on said phone?

 

[Complex16]

I'm a little confused now.

Isn't the evidence the OP wants to bring into court exculpatory in nature? And then is it a question of whether this evidence can be used in court to help defend against a criminal charge?

I'm not certain, but based on the recent Greyhound live baiting cases in QLD where the ABC obtained and transmitted illegally obtained video, admissibility of illegally obtained evidence could go either way and depends on the weighting the judge assigns to various factors.

Hard to know exactly why the OP's lawyers dumped her. Just knowing about the existence of illegally obtained evidence doesn't seem like a sufficient reason making me think more is happening here than is disclosed. And it may well be appropriate not to put more in a public forum.

Thanks Rod.