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The accused was found guilty of conspiracy to import cocaine based on cell phone extraction evidence and the doctrine of wilful blindness.
The accused, Ali Lalji, was charged with conspiracy to import cocaine into Australia.
The Crown relied on evidence extracted from seized cellular phones (Cellebrite data) and the testimony of a co-conspirator.
The court first ruled section 36 of the Mutual Legal Assistance in Criminal Matters Act unconstitutional for violating Charter sections 7 and 12, as it fundamentally alters hearsay admissibility rules inconsistent with a fair trial.
Despite this, the Crown's evidence, particularly the Cellebrite data, proved Lalji's membership in the conspiracy beyond a reasonable doubt.
The court found that Lalji either had actual knowledge that the contraband was cocaine or was wilfully blind to that fact.
Lalji was found guilty as charged.
