27 May 2008
RE KO KIT
- Citation
- RE KO KIT
- Court
- Court of Appeal
- Case number
- CACV138/2008
The Court dismissed the appeals and refused leave for judicial review because the trial judge made detailed factual findings that the recording arose from pre-existing covert surveillance, the intrusion was not motivated by an intent to capture privileged communications, officers acted in good faith and took swift remedial steps (withdrawal and termination), and those findings meant the breach did not affront the public conscience so as to justify a permanent stay; collateral challenge was inappropriate absent exceptional circumstances and adequate remedies existed within the criminal process.