A Wollongong magistrate has found police officers unlawfully searched a man in Cringila in September 2020, subsequently finding the man not guilty of receiving stolen goods.
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In the early hours of the morning of 18 September, 2020, police were patrolling in Cringila and Lake Heights following reports of stolen motorbikes in the area.
Police officers spotted a motorbike on the back of a flatbed ute covered in a tarpaulin heading down Lake Avenue, Cringila.
"It seemed odd, there was no impending weather," Senior Constable Woodstone told the court. Officers believed the motorbike may have been stolen and stopped the car and spoke with Clinton Clifford Camara, 20.
Defence lawyer Caitlin Drabble said that there was a limited indication that the motorbike was stolen.
"The vehicle was stopped because they observed the bike on the back of it with a tarpaulin over it. Nothing else drew their attention to it, nothing in the manner of driving, nothing about the people in the vehicle and there was no police intelligence," she said. "I would say that's not reasonable suspicion."
The police prosecutor said the manner in which the motorbike was secured and the late hour that it was being transported constituted a reasonable suspicion.
Magistrate Michael O'Brien said despite previous reports of stolen motorbikes in Cringila and Lake Heights, this did not mean anyone in the area with a motorbike could be considered to have stolen it. "Because crimes are committed in that area, doesn't mean everyone is committing crimes," he said.
Considering the circumstances of the search, Magistrate O'Brien found the search to be unlawful.
Without further evidence, Magistrate O'Brien found Camara not guilty of receiving stolen goods.
Camara pleaded guilty to separate charges of affray and stalk, intimidate, fear physical harm over two separate incidents.
The affray matter relates to a brawl outside the Mr Crown nightclub in November 2021.
The stalk intimidate matter relates to an incident in September 2020, when Camara stuck out his middle finger at two people outside Port Kembla Local Court.
Camara was before the court on that day and during the lunch break was in the passenger seat of a car when it drove by two people.
Camara threatened the two people with his middle finger. Camara will return to Wollongong Local Court for sentencing in September on these matters.
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