T28D- The rule of Law is paramount here, no matter how desperate CASA might be or how damning the suggested footage is, the real position is the High Court will be asked to test and interpret the Law.
Good point, can/could CASA under obtain a search warrant and just go get them ?. They have before, on many occasions. Do the rules for search apply if it is just alleged a crime has been done ?; the dreaded 301 opens up a lot of otherwise closed doors; are the alleged criminal aspects of this case substantial enough to allow this to happen?.
T28D - Without mounting a formal legal argument here there are authorities that in the normal course of argument support this position.
Agreed, understood and it's what you would expect, but this is the CASA, who knows. This 'legal' bit is interesting enough as it could affect everyone with an aircraft strapped to his arse appearing in a photo or video.
Another thing that puzzles me is that if criminal charges are brought do the rules of disclosure work equally i.e. the defence has to provide 'their discovery' to the prosecution (i.e. the tapes')?. Just these points alone must be worth a new swimming pool and a trip to Europe for some lucky lawyer. ( We are definitely in the wrong profession).
Disclaimer – I am not defending or attacking anyone here, just trying to understand a complex issue which has now made several appearances, to whit; guilty as charged out of a court room with only 'video' evidence.